CRM-M-19875 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19875 of 2011(O&M) Date of Decision:15.12.2011 Amit Kumar ...Petitioner Versus State of Punjab ... Respondent CORAM: HON’BLE MR.JUSTICE M.M.S. BEDI Present: Mr. Vineet Sharma, Advocate, for the petitioner. Mr. P.S. Bajwa, D.A.G., Punjab for the State. ***** M.M.S. Bedi, J. (Oral) Petitioner seeks concession of regular bail in a case registered under Section 302/201 IPC. The petitioner has been involved in the case on the basis of statement of Balwant Singh son of Surjit Singh recorded on 20.8.2010 i.e. after six months to the effect that he had, on that day, gone to take tea at a tea stall and had over-heard the petitioner and his co-accused talking regarding the murder committed by them. The petitioner was allegedly arrested while he was in custody in another case under Section 399 and 402 IPC. Counsel for the petitioner has contended that the petitioner had been involved in another FIR No.164 dated 2.8.2008 in which he was arrested on the basis of the statement of Inderjit Singh to the effect that he had heard the CRM-M-19875 of 2011 2 petitioner talking to Manpreet Singh that he had killed the brother-in-law of Inderjit Singh. Counsel for the petitioner has submitted that the co-accused Manpreet Singh similarly circumstanced has been granted the concession of regular bail vide order dated 4.11.2011. I have considered the facts and circumstances of the case and am of the opinion that the petitioner has been involved in the case while he was in custody on the basis of the statement of Balwant Singh having heard the petitioner admitting his guilt while talking to another co-accused. Recovery of Base Ball Bat made from the petitioner will also be a debatable issue. Taking into consideration the said circumstances, it is ordered that the trial Court shall release the petitioner on bail after recording the statement of Balwant Singh. In case, statement of Balwant Singh is not recorded within a period of two months after the next date of hearing fixed before the trial Court, it will be open to the petitioner to approach this Court again. Petition stands disposed of. December 15, 2011. ( M.M.S. Bedi ) sk Judge.