IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15273 of 2009 Date of decision : August 28, 2009 Mukesh Kumar alias Bobby ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vipin Mahajan, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Mukesh Kumar alias Bobby has filed this petition for bail in case FIR No. 81 dated 10.10.2008 under sections 302, 324, 323, 148, 149 IPC, Police Station Narot Jaimal Singh, District Gurdaspur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner's father Amar Singh caught hold of the deceased and petitioner's brother Kaka Singh inflicted fatal blow. The petitioner allegedly inflicted knife blows on wrist of left hand and near little finger of right hand of the complainant. Both the injuries have been declared to be simple. Another brother and co-accused of the petitioner namely Suresh Kumar alias Happy inflicted datar blow on the head of Brijesh Kumar alias Raju witness. Criminal Misc. No. M-15273 of 2009 -2- Learned counsel for the petitioner vehemently contended that only simple injuries on non-vital parts of the complainant are attributed to the petitioner and no injury is alleged to have been inflicted by the petitioner to the deceased. It is also contended that petitioner is in custody since 31.10.2008 i.e. for the last almost ten months. It was also contended that Amar singh has already been released on bail. It was further contended that petitioner's father Amar Singh also suffered abdominal injury in the same occurrence, which has been declared dangerous to life and cross-case under section 307 IPC has been launched against the complainant-party. On the other hand, learned State counsel contended that the petitioner actively participated in the occurrence and section 149 IPC is also attracted as there were more than five persons involved in the occurrence. I have carefully considered the rival contentions. Keeping in view all the circumstances but without commenting anything on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. ( L.N. Mittal ) August 28, 2009 Judge 'dalbir'