Crl. Misc. No.M-33681 of 2010 Jaipal Vs. State of Haryana Present : Mr. Vipin Ghai, Sr. Advocate with Mr. Sandeep Gehlawat, Advocate for the petitioner. Ms. Shalini Attri, D.A.G., Haryana. Mr. R.A. Sheoran, Advocate for the complainant. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.320 dated 01.07.2010 registered under Sections 302, 307, 324, 323, 148, 149 IPC and Sections 25 & 27 of the Arms Act at Police Station Sadar, District Bhiwani. It is stated that the petitioner has now been in custody since 03.07.2010. On the last date of hearing, the following order was passed:- “It is stated that the case is fixed today for the evidence of the prosecution. In my opinion it would be appropriate to await the outcome of today's date. To come up on 03.02.2011.” However, it transpires that no evidence was led on the last date of hearing though the reasons being offered therefor differ. Learned senior counsel for the petitioner has argued that the only act attributed to the present petitioner was the infliction of two brick bats injuries on the chest of the deceased, but as per learned counsel no such injury is reflected in the post mortem report. This fact has not been denied by the learned Deputy Advocate General, Haryana and by the learned counsel for the complainant. Crl. Misc. No.M-33681 of 2010 -2- Learned counsel for the complainant has however argued that the petitioner was definitely part of the unlawful assembly and thus should not be given the concession of bail. In my opinion, the case of the petitioner can be said to be different from the other accused since the petitioner was unarmed. In the circumstances, in my considered opinion, it would be in the interest of justice if the petitioner is released on bail to the satisfaction of the learned trial Court. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) February 03, 2011. JUDGE ashish