Crl.Misc. No.M 24835 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc. No.M 24835 of 2010 Date of Decision:-17.09.2010 Mahavir. ......Petitioner. Versus State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. R.S. Sihota, Senior Advocate with Mr. B.R. Rana, Advocate for the Petitioner. Mr. M.S. Sindhu, Additional Advocate General, Haryana. *** JASWANT SINGH, J(ORAL) Prayer is for grant of regular bail under section 439 Cr.PC to the petitioner in case bearing FIR No.125 dated 5.4.2010 under sections 148, 149, 323, 324, 325, 326, 506, 307 and 316 of the Indian Penal Code and under section 25 of the Arms Act registered with Police Station Sadar, Palwal. It is submitted that the occurrence between two communities took place at the kabaristan (Graveyard) where one Manoj, with the help of members of his Gujjar Community, was trying Crl.Misc. No.M 24835 of 2010 #2# to raise some construction despite stay orders by the Civil Court. A fight ensued there in which complainant party received injuries. Learned counsel further submits that the petitioner has been falsely implicated at the instance of one Reshma, who got recorded her statement subsequently to the effect that the petitioner along with three other persons stopped her from clearing the chabutra, by pushing her which resulted in losing her three month old pregnancy due to fall. It is submitted that the petitioner is in custody since 3.6.2010. Learned counsel for the petitioner states that the challan in the present case has been presented and rest of the four co-accused have already been granted bail by the learned trial court. Learned State counsel on instructions from HC Rajesh Kumar does not dispute that challan has been presented and the rest of the four co-accused have been granted bail by the trial court. Without expressing any opinion on the merits of the case, in view of the custody period and the fact that the challan has been presented and trial is not likely to be concluded in near future, the present petition is allowed and petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Palwal. ( JASWANT SINGH ) JUDGE 17th September, 2010 Vinay