In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 7072 of 2008 Date of Decision:12-01-2009 Sanjay Chauhan ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE Ms. JUSTICE SABINA Present: Mr. R.S.Cheema,Senior Advocate with Mr. J.S.Mehndiratta, Advocate for the petitioner Mr.Aman Deep Singh Rai,AAG, Punjab SABINA, J.(Oral) Sanjay Chauhan-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in FIR No. 200 dated 13.8.2007 under Sections 302, 120-B of the Indian Penal Code and 25/27 of Arms Act registered at Police Station, City Sangrur, District Sangrur. Prosecution story in brief is that, on 13. 8. 2007, at about 9-20 p.m., Harjit Singh was attacked by Rakesh Kumar with a revolver. The said Rakesh Kumar was working as a driver with the petitioner-Sanjay Chauhan. Learned counsel for the petitioner has submitted that Sanjay Chauhan was not present at the spot nor he participated in the alleged occurrence. Role attributed to the petitioner was that he had conspired with his driver-Rakesh Kumar, who committed murder of Harjit Singh. It was further alleged that the revolver belonging to the petitioner had been used by his Driver at the time of alleged occurrence. Petitioner was in Crl. Misc. No. M- 7072 of 2008 -2- custody since 14.8.2007. Learned State counsel has submitted that the revolver of the petitioner had been used by his driver and the said fact was sufficient to conclude that murder of Harjit Singh had been committed by Rakesh Kuamr after conspiring with the petitioner. Admittedly, petitioner was not present at the time of alleged occurrence. Although the revolver of the petitioner was used by the driver of the petitioner i.e. Rakesh Kumar, yet the fact that whether Rakesh Kumar had, in fact, conspired with the petitioner to commit murder of Harjit Singh, would more appropriately be considered and gone into during the trial. Keeping in view the period of custody of the petitioner and without commenting on the merits of the case, this petition is allowed. Petitioner be released on bail to the satisfaction of the Chief Judicial Magistrate, Chandigarh. (SABINA) JUDGE January 12, 2009 PARAMJIT