Crl. Misc.No.M 18447 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 18447 of 2010 Date of Decision:-09.08.2010 Dharmbir. ......Petitioner. Versus State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. J.S. Bedi, Advocate for the Petitioner. Mr. M.S. Sindhu, Additional Advocate General Haryana. Mr. Anil Ghangas, Advocate for the Complainant. *** JASWANT SINGH, J.(ORAL) Prayer is for grant of regular bail under Section 439 Cr.PC to the petitioner Dharmbir in case bearing FIR No.481 dated 21.09.2009 under Sections 148, 149, 307, 302 Indian Penal Code and 27/54/59 of Arms Act registered with police station City Hansi, District Hisar. Learned counsel for the petitioner submits that the petitioner-accused after completion of the investigations has been Crl. Misc.No.M 18447 of 2010 #2# challaned for an offence under section 307 IPC read with Section 27 of the Arms Act is in custody since 22.1.2010. It is further submitted that out of the occurrence on the evening of 20.9.2009, two FIRs have been registered. The first version has been lodged as FIR No.481 dated 21.9.2009 at the instance of complainant-Umed Singh, father of the deceased Ram Chander, and on the cross version submitted by the petitioner-Dharmbir, an FIR No.482 dated 21.9.2009 under Sections 323/324/148/149/307/435 IPC and 25/27/54/59 Arms Act has been lodged against the complainant party i.e. Ramesh, for which the deceased Ram Chander used to work as a Driver. It is also submitted that the complainant-Umed Singh after initially making allegations against Dharmbir has subsequently(in his supplementary statement) made allegation of murder against Ramesh(the other party), against whom after investigation challan is proposed to be filed under Section 302 IPC along with the Arms Act. Learned State counsel submits that petitioner-Dharmbir has been specifically named to have fired upon deceased Ram Chander in the FIR lodged by the complainant-Umed Singh and therefore, does not deserve the concession of bail being the main accused. After hearing the learned counsel for the parties, it is evident that the prosecution itself has not relied upon the version given by complainant-Umed Singh qua the allegation of Dharmbir having caused murder of deceased Ram Chander. The investigating agency is proceeding in the direction of prosecuting the other party i.e. Ramesh under Section 302 IPC for having caused the death of Ram Chander. It Crl. Misc.No.M 18447 of 2010 #3# is also not denied that the prosecution has filed a police report/challan against the petitioner-Dharmbir under Section 307 IPC read with Section 27 of the Arms Act. Without expressing any opinion on the merits of the case, keeping in view the custody period and that the investigation qua petitioner-Dharmbir is over and police report against him has been filed, I find no valid reason for keeping the petitioner in custody any longer as the trial is not likely to conclude in near future. Accordingly the petition is allowed and the petitioner- Dharmbir is directed to be released on bail subject to the satisfaction of the CJM/Duty Magistrate, Hisar. ( JASWANT SINGH ) JUDGE 09th August, 2010 Vinay