CRM-M-25954 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-25954 of 2011 Date of Decision:14.10.2011 Naveen . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Sanjeev Kadian, Advocate, for the petitioner. Mr.Vikas Malik, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.108 dated 16.4.2008 under Sections 148, 149, 323, 325, 307, 302, 452 & 506 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Sadar Bahadurgarh, District Jhajjar. The petitioner is in custody since 4.6.2008 in a case in which two persons have been murdered namely, Om Parkash and Krishana. The allegation against the petitioner is that he had caused three injuries one to Suresh Kumat, one to Rajesh Kumar and one to Kirpa Ram. The injuries caused to Rajesh Kumar and Kirpa Ram were found to be simple whereas injury caused to Suresh Kumar was found to be a fracture on the mandible which was found to be grievous one and dangerous to life for which the petitioner has been booked under Section 307 IPC. CRM-M-25954 of 2011 - 2 - Learned counsel for the petitioner submits that there are 49 witnesses in all out of whom only 22 witnesses have been examined so far and he is in custody from the last 3 years and 4 months. He further submits that there is no allegation against him that he had caused an injury to the deceased Om Parkash and Krishana which is attributed to Jagbir, Dharam Singh and Davinder. The aforesaid facts are not disputed by learned counsel for the State, on instructions received from ASI Mahinder Singh. He also conceded that though the petitioner is first offender as he is neither a previous convict nor any other case is pending against him. Keeping in view the length of custody of the petitioner and the injury caused resulting into the offence under Section 307 IPC, I find that it is a fit case for bail. Hence, without making any observation on the merits, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. (RAKESH KUMAR JAIN) OCTOBER 14, 2011 JUDGE Vivek