Crl.M.No. M-31714/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-31714/2010(O&M) Date of decision:30.11.2010. Harpreet Singh ....................Petitioner v. State of Punjab .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.SPS Sidhu,Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala,AAG Punjab. Jaswant Singh.J.(Oral) Prayer under Section 439 Cr.PC is for grant of regular bail in case FIR No.78 dated 4.5.2010 under Section 302/34 IPC, PS Sadar, Ferozepur. As per allegations in the FIR, the petitioner along with his cousin had grappled and pinned down one Gurjant Singh son of Balkar Singh while his father is alleged to have shot from his .12 bore gun in the fields resulting into death of Gurjant Singh. The dispute is alleged to have occurred on account of a minor accident on the narrow Katcha link road of the village between the tractor belonging to the accused party and the motorcycle of the complainant and deceased. Learned counsel for the petitioner submits that after the thorough investigation by the police, petitioner has been found innocent and placed in column no.2 while presenting the police report on 31.7.2010 in the Court. It is contended that since the petitioner was no longer an accused he is entitled to be released on bail. Reliance has been placed upon the judgment of this Court in Mohinder Singh v. Crl.M.No. M-31714/2010(O&M) 2 State of Punjab 2000(4) RCR (Criminal) 289. It is further submitted that the petitioner is in custody since 25.6.2010 and was falsely included in the occurrence on account of tendency of roping in the male family members of the accused. Learned State counsel on instructions from ASI Nirmal Singh does not dispute the fact that after investigation, police has found the petitioner innocent and put in column no.2 and as on today, there is nothing incriminating against him. After hearing learned counsel for the parties, I find that the plea of the petitioner is meritorious. It is not in dispute that as on today, there is no incriminating material on record as the petitioner after investigation has been found to be innocent and put in column no.2 at the time of filing of the police report. In the cited judgment Mohinder Singh's case (supra), this Court by relying on the decision of the Hon'ble Supreme Court in the case of Madan Lal v. State of Punjab, JT 1999(1) SC 432, has held that in similar circumstances when the petitioner had not been charge sheeted nor summoned by the Court under Section 319 Cr.PC, he was held to be entitled to grant of bail although two witnesses had deposed before the Court implicating the petitioner therein. Under these circumstances in the present case, the petitioner is held entitled to be released on bail. In view of the above, the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of the learned trial Court. However, it would be open to the learned trial Court as well as for the prosecution to take any appropriate action in accordance with law on presentation of any incriminating material against the petitioner. Petition is allowed in the above terms. 30.11.2010 (Jaswant Singh) pka/joshi Judge