CRM-M No.36706 of 2010(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36706 of 2010 (O&M) Date of decision : 20.12.2011 Mahender ...... Petitioner v. State of Haryana ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Baldev Singh, Sr. Advocate with Mr. Anhul Singh, Advocate for the petitioner. Ms. Preeti Chaudhary, A.A.G., Haryana. Mr. Kuldeep Sanwal, 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 FIR No.200 dated 05.05.2010 registered under Sections 306, 302, 376, 34 IPC at Police Station Sadar, Bhiwani. Learned senior counsel for the petitioner has argued that the petitioner has now been in custody since 10.08.2010 and the allegation under Section 302 IPC cannot hold water since it is a case of aluminium phosphide poisoning. Apart from that there is no likelihood that the trial CRM-M No.36706 of 2010(O&M) ::2:: would be concluded in the near future and if Section 302 IPC is not made out, at the most it would be an offence under Section 306 IPC and the petitioner having been in custody for the last 16 months should be released on bail. Learned Assistant Advocate General on instructions from ASI Rajbir Singh has accepted the factual assertions regarding the post- mortem report, the period of incarceration of the petitioner and the fact that the trial is not likelihood to be concluded in the near future. Learned counsel for the complainant has however argued that the recoveries of mobile phone of the deceased as well as the car in which the deceased was brought to the stadium have been made from the petitioner. In this view of the matter, without commenting on the merits of the case, I deem it appropriate to grant the concession of regular bail to the petitioner to the satisfaction of the trial Court/Duty Magistrate. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) December 20, 2011 JUDGE ashish