Crl. Misc. No. M – 3013 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 3013 of 2010(O&M) Date of decision:- 29.4.2010 Sanjay ... Petitioner Versus State of Haryana ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. J.S.Bedi, Advocate, for the petitioner. Ms. Shalini Attri, DAG, Haryana. Gurdev Singh, J (oral) This petition under Section 439 of the Code of Criminal Procedure by Sanjay – petitioner/accused is for the grant of regular bail for the offence under Sections 302/34 IPC, in respect of which FIR No. 128 dated 17.5.2009 was registered at Police Station Meham, District Rohtak and for which he is standing his trial before the Sessions Judge, Rohtak. The FIR was got registered by Karan Singh father of Raj Kumar – deceased. He narrated therein that on the night intervening 16/17.5.2009, at about 1:30 AM Raj Pal took the deceased with him and in the morning, it was disclosed by his brother Raj Kumar and nephew Surender that the dead body of the deceased had been found at Mokhra Madina Road, in the fields of Rajender. There is no direct evidence against the petitioner and the prosecution is relying upon the circumstantial evidence consisting of (i) motive, ii) extra-judicial confession and iii) last seen theory. Crl. Misc. No. M – 3013 of 2010(O&M) -2- The said extra-judicial confession was made before Om Parkash, who has already been examined by the trial Court as PW-4. According to him, it was joint extra-judicial confession made by this petitioner and his co-accused Raj Pal. It is settled law that conviction of the accused cannot be recorded on the basis of joint extra-judicial confession. About the last seen theory, the prosecution is relying upon the statement of Yudhvir Singh PW-5, who is first cousin of the deceased. According to him he had seen the present petitioner and Raj Pal taking the deceased on a motor-cycle and at that time both the accused were having dandas of Kikkar tree with them. According to the complainant there was motive on the part of the petitioner to commit this crime as a fight had taken place between the deceased and the present petitioner about eight months before the present occurrence, in which the injuries were given to the deceased and his other son Krishan Kumar by the present petitioner with the help of gandasa. If that was the case, the above said witness, who made his deposition about the last seen theory, would have immediately inform the complainant that the deceased was going with his enemy on the motor-cycle. It has not been disputed that the petitioner is coming in custody since 19.5.2010. The conclusion of the trial will still take some time. Keeping in view the above discussed circumstances and without expression of any opinion on the merits of the case, the petitioner is ordered to be released on bail to the satisfaction of the trial Court. April 29, 2010 (Gurdev Singh) tripti Judge