Crl.Misc No M- 28232 of 2010 Pritam Singh alias Munna v. State of U.T.Chandigarh Present: Mr.Jasmeet Singh Bhatia, Advocate, for the petitioner. Mr.Gautam Kaile, Advocate, for U.T. Chandigarh. *** Order The present petition for grant of regular bail has been filed on behalf of petitioner Pritam Singh alias Munna in case FIR No.66 dated 28.2.2010 under Sections 308, 304 read with Section 34 IPC, registered at Police Station Mani Majra, U.T. Chandigarh. Notice of motion was issued on 28th September, 2010. Learned counsel for the petitioner submits that the FIR was registered after a delay of five days and the petitioner has falsely been implicated in the case as the petitioner was in the office and was attending the call at the instance of his employer in the Industrial Area at the time of alleged occurrence. As per MLR, the injured was admitted in the hospital by his brother on 23.2.2010 and history of the injury has been mentioned as fall from the staircase. The present FIR was registered on the basis of statement made by the brother of the injured to the doctor that the injured had fallen from the staircase. Learned counsel for the petitioner further submits that the only allegation levelled against the petitioner is that he had slapped the injured. Initially, the case was registered under Section 308 read with Section 34 IPC but later on Section 304 IPC was added after the death of the injured on 5.5.2010. The petitioner is in custody since Crl.Misc No M- 28232 of 2010 -2- 28th February, 2010. Learned counsel for U.T. Chandigarh opposes the bail on the ground that the injured was admitted in PGI and he remained unconscious throughout till he died on 5th May, 2010 and then Section 304 IPC was added. Learned counsel for U.T. Chandigarh further submits that there are specific allegations against the present petitioner and it was a case of common intention and injuries were caused. The petitioner does not deserve the concession of bail. Head the arguments of learned counsel for the parties and have also gone through the contents of the FIR. Although, it was mentioned in the MLR that the patient had fallen from the stairs and the injured was brought by his brother and got admitted in the hospital. Some time due to emergency and to get patient admitted in the hospital without any delay, the factual reason is not told as it takes time in fulfilling certain formalities. Moreover, it is a matter of evidence which would be considered later on. The place of occurrence and the place where the petitioner was attending the call at the employer's office was not far off and he could easily reach at the spot within a period of 10-15 minutes. So the plea of alibi taken by the petitioner that he was attending the call at the instance of his employer at the time of alleged occurrence, cannot be accepted at this stage. In view of the gravity of the offence and specific allegation against the petitioner, bail cannot be granted at this stage. The petition being devoid of any merit is dismissed. Crl.Misc No M- 28232 of 2010 -3- However, it is made clear that any observation made here-in-above shall not be construed as an expression of opinion on the merits of the case. (DAYA CHAUDHARY) November 23, 2010 JUDGE raghav