IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15235 of 2009 Date of decision : August 11, 2009 Harpal Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. RK Handa, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Harpal Singh has filed this petition for bail in case FIR No.229 dated 24.12.2008, under sections 302, 307, 341, 148, 149 IPC read with section 25 of the Arms Act, Police Station Ajnala (Sadar), District Amritsar. According to the prosecution version, the petitioner was armed with dang and he raised lalkara. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contended that only lalkara has been attributed to the petitioner and he did not take any active part in the occurrence and the petitioner was armed with dang only and is in custody since 26.12.2008 i.e. for seven and half months. It is also Criminal Misc. No. M-15235 of 2009 -2- contended that one Ravinder Singh from the side of the petitioner also died in the occurrence. The aforesaid factual position is not controverted by learned State counsel after seeking instructions from ASI Jagdeep Singh. It is, however, contended that in view of section 149 IPC, the petitioner is equally liable. I have carefully considered the rival contentions. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar. ( L.N. Mittal ) August 11, 2009 Judge 'dalbir'