IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-34838 of 2011(O&M) Date of decision : 22.12.2011 Munish Kumar ....PETITIONER(S) VERSUS State of Haryana ....RESPONDENT(S) CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN *** Present : Mr.J.S.Mehndiratta, Advocate, for the petitioner. Mr.Sagar Deswal, A.A.G., Haryana. *** RAKESH KUMAR JAIN, J This is a petition for bail in a pending trial case registered vide FIR No.108 dated 07.07.2011, registered under Sections 302, 114, 202, 304, 34 IPC, at Police Station Ambala Saha, District Ambala. Learned counsel for the petitioner has submitted that the deceased was the friend of the petitioner and other co-accused, who were celebrating the engagement ceremony of the petitioner. The prosecution case is that they were playing music system attached with the tractor and were dancing on the road where they had a scuffle and the allegation against the petitioner is that he had exhorted Vijay Kumar @ Sunny to throw the deceased Jasbir @ Baba down. Vijay Kumar @ Sunny then pushed the deceased who fell down and was run over by the tractor. It is further submitted that the petitioner has been arrested on the extra judicial confession made before one Karan Singh, who is unknown to the petitioner. He is in custody since Criminal Misc.No.M-34838 of 2011(O&M) -2- 30.07.2011. Learned counsel for the petitioner in support of his contention has relied upon the decision of Supreme Court in case Sunny Kapoor versus State (U.T., Chandigarh) (2006) 10 Supreme Court Cases 182. He further submits that the trial is in progress and out of 19 witnesses, six have already been examined. Keeping in view the facts and circumstances of the case but without making any observation on merits, the present bail application is allowed. The petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) December 22, 2011 JUDGE mamta