IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. 33314-M of 2009 DATE OF DECISION : FEBRUARY 1, 2010 KEHAR SINGH ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sandeep Arora, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, has been filed for bail in FIR No.148 dated 1.7.2009 under Sections 307, 506, 34, Indian Penal Code, Police Station, Dina Nagar, District Gurdaspur. Learned counsel for petitioner-Kehar Singh son of Mela Singh states that the name of the petitioner does not find mention in the FIR. A supplementary statement was recorded later on so as to attribute one injury to the petitioner. Learned counsel for the respondent-State contends that the petitioner gave one injury with an iron rod on the person of Makhan Singh on the left side of head. Medico-legal evidence bears this fact out. It is, Criminal Misc. No. 33314-M of 2009 2 however, admitted that the FIR does not refer to the role of the petitioner. It is only in the supplementary statement that the petitioner has been attributed the injury. I have considered the contentions of the learned counsel for the parties. It is not in dispute that the petitioner has been in custody since 8.7.2009. Investigation has been concluded and the challan has been filed. So far as the role of the petitioner is concerned, it is only by way of supplementary statement that it has been stated that instead of Avtar Singh, it was the petitioner who gave blow with an iron rod hitting Makhan Singh on the left side of the head. As per the prosecution case at this stage, it was Avtar Singh who gave blow on the right side of head of Makhan Singh. Without commenting anything on the merits of the case, this petition is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Gurdaspur. February 1, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?