IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc No. M-18123 of 2010 Date of Decision: July 09, 2010 Makhan Lal ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.V.K.Jindal, Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab Sabina, J. Petitioner-Makhan Lal has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.58 dated 3.7.2008 under Section 304-A IPC and under Section 27 of the Arms Act, 1959 ( for short `the Act') registered at Police Station Sherpur, District Sangrur. The allegation against the petitioner is that Swaran Singh has died due to a pistol shot fired by the petitioner. Learned counsel for the petitioner has submitted that, in fact, it was a case of accidental fire shot. The petitioner was teaching the deceased how to operate the pistol and, in this process due to accidental fire shot, Swaran Singh died. The matter had been deeply inquired into at a various level and during inquiry, it transpired that it was a case of accidental death. Crl.Misc No. M-18123 of 2010 -2- Challan has also been presented by the Investigating Agency under Section 304-A IPC. The Magistrate had committed the trial to the Court of Sessions under Section 302 IPC. Petitioner is suffering from tuberculosis and is in custody since 18.12.2009. Learned State counsel, on the other hand, has opposed the petition. Admittedly, inquiries were conducted by different senior police officials with regard to the occurrence and it was opined that it was a case of accidental death and consequently, the challan/final report was presented under Section 304-A IPC. The Magistrate has committed the trial to the Court of Sessions under Section 302 IPC and vide order dated 25.5.2010, a charge has been framed against the petitioner under Section 302/201 IPC. Petitioner is a patient of tuberculosis and is undergoing his treatment qua the said disease. Petitioner is in custody since 18.12.2009. Keeping in view the fact that there are two different versions qua the petitioner, it would be just and expedient to release the petitioner on bail. Whether the petitioner is guilty of the offence under Section 302 IPC or Section 304-A IPC would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sangrur. (Sabina) Judge July 09, 2010 arya