IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-687 of 2009 Date of decision : 27.01.2009 Buta Singh and another ....Petitioners V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.P.S. Sidhu, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioners submits that petitioners Buta Singh and Kuldeep Singh were found innocent by the Police in the final report submitted before the competent court of jurisdiction under Section 173 Cr.P.C. Counsel further submits that investigation of the case is now over and one prosecution witness has already been examined and the petitioners shall face the trial before the competent court. Counsel further submits that petitioners have been summoned pursuant to powers vested in the Court under Section 319 Cr.P.C. It cannot be said at this stage that there conclusively regarding complicity of the petitioners in the crime. According to the counsel the only role attributed to them has been that they were present at the spot armed with gandasa and dang respectively. It is for the first time when Karaj Singh PW-1 stepped in the witness box, he stated that Buta Singh and Kuldeep Singh were causing injuries on the person of deceased-Balwinder Singh. In the facts and circumstances of the case, since the accused Crl. Misc No. M-687 of 2009 -2- have been summoned under Section 319 Cr.P.C. and they are ready to face trial, it is directed that in the event that the petitioners surrender themselves before the trial court, they shall be admitted to bail subject to its satisfaction. Petition stands disposed of. 27.01.2009 (RAJAN GUPTA) Ajay JUDGE