Crl. Misc. No.M-16973 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-16973 of 2011 Date of Decision: September 13, 2011 Mohit Kumar …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.A.S. Sullar, Advocate for the petitioner. Mr.K.S. Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) The petitioner alongwith others is alleged to have caused them murder of Harjinder Singh, son of Narinderpal Singh. The petitioner claims that the complainant had specifically named Jagdeep Singh to have fired at Harjinder Singh but on account of said Jagdeep Singh being nephew of sitting MLA, the name of petitioner had been incorporated. The statement of complainant eyewitness has been recorded in chief. A perusal of the same indicates that he does not name petitioner but Crl. Misc. No.M-16973 of 2011 [2] sticks to the original statement made at the time of registration of FIR. In similar circumstances, co-accused of the petitioner, Gurpreet Singh against whom there were no allegations, has been granted the concession of bail by a coordinate Bench of this Court. It has been argued that the petitioner has been involved in the case at the instance of an MLA by SHO Arvind Puri, who was ordered to be transferred but despite the said direction of the High Court, he has still been retained on account of political influence. Without expression of any opinion on merits at this stage, it is sufficient to observe that the complainant eyewitness whose statement prima facie is relevant to arrive at the truth, does not include the name of the petitioner. Taking into consideration the totality of the circumstances, the petitioner can be granted the concession of bail as he has been in custody w.e.f. August 4, 2010. Petition is allowed. Petitioner is ordered to be released on bail on their furnishing bail bonds/ surety bonds to the satisfaction of the trail Court. September 13, 2011 (M.M.S.BEDI) sanjay JUDGE