IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-31881 of 2011 Decided on 13.12.2011 Bijender Singh --Petitioner vs. The State of Haryana --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.R.S.Rai,Sr.Advocate, with Mr.Karam Pathak,Advocate, for the petitioner Mr.Sagar Deswal,AAG, Haryana RAKESH KUMAR JAIN,J: (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.48 dated 25.2.2010, under Sections 148,149,302,307 and 324 of the IPC at Police Station Chandhut, District Faridabad. Allegation against the petitioner is that he had fired a shot from his rifle which hit on the palm of complainant Kumar Pal. In the alleged occurrence, one Pankaj has lost his life when he was fired at by Karambir. Learned counsel for the petitioner submits that he is in custody from 13.3.2010. He further submits that the alleged rifle recovered from the petitioner has been sent to FSL, Madhuban, where in as per the report, the said rifle was not in a working condition. He also submits that the other co- accused who had not caused injury to the deceased have already been released on bail by this Court. He submits that the petitioner is 58 years of age and has clean antecedents. Learned State Counsel, on instructions received from ASI CRM-M-31881 of 2011 -2- Satbir, has not disputed the report of the FSL, as per which the gun used in the crime and recovered from the petitioner is not found to be in a working condition. He further concedes that the petitioner is having clean antecedents and is neither a previous convict nor any other case is pending against him. Learned counsel has rather submitted that the injury caused by the petitioner falls within the definition of Section 307 of the IPC about which the learned counsel for the petitioner has submitted that it is a matter to be considered by the trial Court. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observations 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. 13.12.2011 (Rakesh Kumar Jain) RR Judge