IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-23330 of 2008 Date of Decision: November 19, 2008 Rajdeep Singh @ Goru & Another .....PETITIONER(S) VERSUS Gurmeet Kaur .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.S. Kahlon, Advocate, for the petitioners. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) While issuing notice of motion, the following has been noticed:- “This petition has been filed under Section 438 Cr.P.C. seeking bail in complaint case titled „Gurmeet Kaur vs. Balkar Singh & Others‟ registered under Sections 302, 447, 427, 506, 148, 149 IPC. The petitioners however have been summoned to stand trial by the Chief Judicial Magistrate, Gurdaspur, vide Order, Annexure P-2, under Sections 304/ 34 IPC only. It has been averred that FIR was lodged in regard to the same incident of 16.2.2006. Allegation in the complaint is that Balkar Singh, co-accused pushed Chanchal Singh and on falling, he died. Subsequently, however, the present complaint has been filed in regard to the same incident giving out a different story. The petitioners have been shown armed with Kirpan, but no role has been ascribed to them. The only role attributed is to Balkar Singh who is shown to be armed with „Mori‟. Contention of learned counsel is that as per the complaint case, no role having been ascribed to the petitioners, they are entitled to the concession of bail. Crl. Misc. No. M-23330 of 2008 [2] It has also been pointed out by the learned counsel that FIR case has resulted in report under Section 169 Cr.P.C. The post mortem report falsifies the cause of death in the complaint. Death of Chanchal Singh was on account of Myocardial Infarction i.e. heart failure. The post mortem report has been placed on record indicating that there was no homicidal injury.” Learned counsel for the petitioners contends that in deference to order dated 10.9.2008, the petitioners have put in appearance. The petitioners have been released on bail on furnishing of bail bonds in the sum of Rs.1 lac with one surety in the like amount each. Considering the facts and circumstances of the case noticed above, this petition is allowed. (AJAI LAMBA) November 19, 2008 JUDGE avin