IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-33026 of 2011 Decided on 30.11.2011 Kishan Chand Batham @ Krishan Chand --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Vivek Suri,Advocate, for the petitioner Mr. A.S.Rai, DAG, Punjab RAKESH KUMAR JAIN,J: (ORAL) This is a petition for bail pending trial in a case registered vide FIR No. 06 dated 19.4.2010, under Sections 302,201,115,34 of the IPC qua the offence under Section 120-B IPC at Police Station Phase XI, Mohali. Learned counsel for the petitioner submits that the petitioner had earlier applied for bail vide CRM-M-6706 of 2011 (O&M) which was allowed by this Court on 03.8.2011 (Annexure P-4). Incidently, at that time, the petitioner was not aware of addition of Section 120-B IPC. Therefore, the bail application was not filed under the said provisions as well. Thereafter, the petitioner filed an application before the trial Court under Section 120-B IPC as well which has been dismissed on 19.10.2011 (Annexure P5). As a matter of fact, this petition has been filed in order to seek bail under Section 120-B IPC as well. Notice in the application was issued. Learned counsel for the petitioner submits that once the petitioner has been granted bail under Sections 302,201 of the IPC, because CRM-M-33026 of 2011 -2- Kirpal Singh (PW-1) and Narinder Pal (PW-2) have resiled from their statements and the others are the official witnesses, the petitioner deserves to be released on bail. 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 under Section 120-B IPC also on his furnishing bail bonds to the satisfaction of the learned trial Court. 30.11.2011 (Rakesh Kumar Jain) RR Judge