IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-23200 of 2009 Date of decision : October 08, 2009 Rakesh ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Harkesh Manuja, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Rakesh has filed this petition for bail in case FIR No. 119 dated 17.4.2009 under sections 302, 201, 120-B IPC, Police Station Murthal, District Sonepat. I have heard learned counsel for the parties and perused the case file. There was blind murder of Tej Singh. FIR was lodged by his brother mentioning that unknown persons had committed murder. Ram Tirath PW stated that petitioner and his three co-accused Rampat alias Bali, Mahender and Ramesh alias Bhuru made extra judicial confesion before him that they had committed murder of Tej Singh. The accused also led to recovery of dandas. Kuldeep Singh and Jagjit Singh PWs have stated during investigation that Tej Singh had told them that he had imminent Criminal Misc. No. M-23200 of 2009 -2- danger to his life at the hands of petitioner's co-accused Rampat alias Bali. It is alleged that the deceased had some altercation with Rampat alias Bali and had abused him and therefore, Rampat alias Bali felt insulted leading to the murder. Learned counsel for the petitioner contended that the petitioner is only crop sharer with Rambhaj brother of Rampat alias Bali and had no motive to commit the alleged crime. It is also contended that there is no direct evidence against the petitioner and there was no reason why the petitioner would made extra judicial confession before Ram Tirath who is relative of the deceased himself. On the other hand, learned State counsel contended that the petitioner is crop sharer with Rampat alias Bali who had the motive to commit the crime. It was also contended that weapons of offence i.e. dandas have been recovered at the instance of the petitioner and his co- accused. I have carefully considered the rival contentions. The petitioner is only crop sharer with Rambhaj or his brother and the motive was with Rampat alias Bali. The petitioner is in custody since 21.4.2009 i.e. for five and half months. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sonepat. ( L.N. Mittal ) October 08, 2009 Judge 'dalbir'