IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-16325 of 2009 Date of decision : July 20, 2009 Naib Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Chanan Singh, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Naib Singh has filed this petition for bail in case FIR No. 276 dated 6.9.2008, under sections 302, 201, 120-B IPC, Police Station Kharar, District SAS Nagar (Mohali). I have heard learned counsel for the parties and perused the case file. According to the prosecution version, Amrik Singh since deceased was reported to be missing since 29.1.2008 by his wife Harvinder Kaur co-accused of the petitioner. The instant FIR, however, was lodged on 6.9.2008 on the basis of extra judicial confession said to have been made by another co-accused Balbir Singh before Nishan Sharma regarding involvement of all the accused including the petitioner in the commission of the murder. Criminal Misc. No. M-16325 of 2009 -2- Learned counsel for the petitioner contends that except the alleged extra judicial confession of co-accused Balbir Singh, there is no other evidence against the petitioner. Learned State counsel, after seeking instructions from ASI Sant Singh, does not dispute this factual position. Learned counsel for the petitioner contends that the alleged extra judicial confession of petitioner's co-accused may not be admissible evidence against the petitioner. Learned State counsel contends that the car used for disposing of the body of the deceased after killing him belongs to the petitioner and has since been recovered. However, it is contended by learned counsel for the petitioner that except extra judicial confession of petitioner's co-accused, there is no evidence to link the said car with the disposal of the dead body of the deceased. It is also admitted position that the petitioner is in custody since 7.9.2008 i.e. for the last more than ten months. In view of the aforesaid but without meaning to comment anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned trial court i.e. Additional Sessions Judge, Mohali. Pursuant to order of the preceding date, Mr. JS Aulakh, Senior Superintendent of Police, Mohali is present and states that appropriate remedial steps have been taken to ensure that the concerned police official appears in the Court to assist the Law Officer and the Court for disposal of bail petitions. So, no further action is called for. The petition is disposed of accordingly. ( L.N. Mittal ) July 20, 2009 Judge 'dalbir'