CRM-M No.31573 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.31573 of 2011 (O&M) Date of decision : 26.11.2011 Jaivir @ Teenu ...... Petitioner v. State of Haryana ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Anil Shukla, Advocate for the petitioner. Mr. Shekhar Mudgal, A.A.G., Haryana. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.186 dated 22.07.2010 registered under Sections 302, 216, 34 IPC at Police Station Beri. As per the allegations in the FIR on 22.07.2010 the dead body of the son of the complainant was found. The complainant suspected his brother and other members. However, after 7 days supplementary statement of the real Mama of the deceased was recorded who claimed to have seen the present petitioner shooting the deceased. Learned counsel for the petitioner has initially argued that the CRM-M No.31573 of 2011(O&M) ::2:: implication of the petitioner is very doubtful because it would be highly rare occurrence that a Mama who witnesses the murder of his nephew would not speak about it for 7 days. Apart from that on 18.10.2011 the following contention was noticed:- “Learned counsel has argued that the bail has been declined to the petitioner only on the basis of some FSL report. Actually there are serious drawbacks in the said report also and that the petitioner has been in custody for the last more than one year.” Learned Assistant Advocate General on instructions from ASI Mahipal has not been able to explain that in what circumstances the real Mama would have made the statement only after 7 days. Apart from that he is also not in a position to deny that the recovery of the pistol made from the petitioner was of .32 bore while the bullets found in the body of the deceased was of 7.56 mm. In this view of the matter, without commenting on the merits of the case, I deem it appropriate to grant the concession of regular bail to the petitioner to the satisfaction of the trial Court/Duty Magistrate. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) November 26, 2011 JUDGE ashish