CRM-M-14694 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-14694 of 2011 (O&M) Date of Decision:20.07.2011 Bharat Bhushan (Presently confined in Central Jail Ludhiana) . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Hitesh Verma, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.17 dated 26.1.2011 under Sections 323, 186, 353, 427, 148, 149 of the Indian Penal Code (for short ‘IPC’) in which Section 307 IPC is added later on at Police Station GRP, Ludhiana. The allegations contained in the FIR are that the petitioner had given beatings to the complainant and then threw him before the running train with an intention to kill him. Learned counsel for the petitioner has submitted that as per MLR (Annexure P-2) no bonny injury was found on the body of the complainant except for pain in right hand & wrist. He further submits that even it is certified by the Station Superintendent, Northern Railway, Ludhiana that there was no movement of engine in T-3 riding and T-4 riding near parcel riding on 26.1.2011 from 00:00 hrs to 4 hrs. After issuing notice of motion, this Court had directed the State counsel to verify the genuineness of the certificate (Annexure P-4). Today, report has been presented in vernacular in which it is stated that certificate is genuine and there was no movement of the engine. CRM-M-14694 of 2011 (O&M) - 2 - Learned counsel for the petitioner has thus submitted that it is a concocted story cooked up by the complainant to involve the petitioner in a serious offence. He further submits that the petitioner is in custody since 17.3.2011. In reply, learned counsel for the State has submitted that the complainant is the driver in the Excise & Taxation Department, who has been beaten by the petitioner and is tried to be killed by him by throwing him before the running train. After hearing learned counsel for the parties and keeping in view the facts and circumstances but without making any observations on merit, I find it to be a fit case for grant of bail. Hence, the petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) JULY 20, 2011 JUDGE Vivek