IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 31539 of 2009(O&M) Date of Decision: July 14, 2010. Balwan son of Sh. Tek Ram ...... PETITIONER(s) Versus State of Haryana ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Raj Mohan Singh, Advocate for the petitioner. Mr. P.M.Anand, Addl.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No.287 dated 07.12.2008, under Sections 148/149/323/302 IPC, registered at Police Station Meham, District Rohtak. I have heard learned counsel for the parties and gone through the record. It has been argued by the learned counsel for the petitioner that injury attributed to him is injury No.2 as per the post-mortem report with brick-bat and however, only a contusion was found and no fracture was found below the said injury. It is further contended that main injury has been attributed to brother of petitioner, Rajender Singh, co-accused, i.e. the injury CRM No.M-31539 of 2009 No.3, which was caused with lathi and on dissection which showed fracture. It is further contended that petitioner has been continuing in custody since 07.12.2008 and that trial is not likely to be concluded in near future as only few witnesses have been examined so far. Learned counsel for the State has not disputed these facts. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Balwan, is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Rohtak. ( RAM CHAND GUPTA ) July 14, 2010. JUDGE 'om' 2