CRM No.M-20982 of 2011 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-20982 of 2011 Date of Decision: 04.08.2011 Balwant Singh ..... Petitioner Versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN. Present: Dr. Anmol Rattan Sidhu, Senior Advocate, with Mr. Vishaldeep Goyal, Advocate, for the petitioner. Mr.Amandeep Singh Rai, DAG, Punjab, for the respondent-State. **** Rakesh Kumar Jain, J. (Oral) This is an application for bail in a pending trial case registered vide FIR No.80 Dated 03.07.2010 under Section 304-B IPC at Police Station Kot Ise Khan, District Moga. Counsel for the petitioner has submitted that as per allegation in the FIR, about three months ago, some poison was mixed in the curd and was given forcibly to the deceased daughter of the complainant namely, Rajbir Kaur. He further submitted that the complainant took his daughter along with him to his home and provided treatment under his (complainant's) supervision till she died after three months. Counsel for the petitioner has further submitted that the prosecution has obtained a report from the Medical Officer, Civil Hospital, Moga, vide letter dated 04.10.2010 wherein chloro-compound group of insecticide has been found to be the cause of death in the viscera report of deceased-Rajbir Kaur. In CRM No.M-20982 of 2011 ::2:: this regard, the Doctor has opined that in case of administration of Chloro- compound, a person would die “within 24 hours”. Therefore, it is argued by learned counsel for the petitioner that the story coined by the complainant appears to be false. He further submits that the petitioner is in custody since 07.07.2010. In reply, learned counsel for the respondent has submitted that Section 304-B has a deeming fiction and the accused has to prove his innocence. After taking into consideration the facts and circumstances of this case, without making any observation on merits, the present application is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds and surety to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) JUDGE August 04, 2011 sukhpreet