In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-34292 of 2009 (O&M) Date of decision: 28.7.2010 Bakhshish Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vikas Bahl, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 26 dated 29.1.2009, under Sections 364/34 of the Indian Penal Code (IPC for short), subsequently added Sections 302, 201, 120-B, 148, 149 of the Indian Penal Code and Section 25 of the Arms Act, 1959 and deleted Section 34 IPC registered at Police Station Banga District Nawanshahr. The allegation against the petitioner is that he, in connivance with other co-accused, had committed the murder of Parshotam Lal after kidnapping him. Learned counsel for the petitioner has submitted that the Criminal Misc. No.M-34292 of 2009 (O&M) -2- reliance was being placed by the prosecution on the statements of PW Gurdeep Ram and Amar Chand to fix the involvement of the petitioner. However, both the said prosecution witnesses had not named the petitioner in their statements. Amar Chand even, while appearing in the witness box, had failed to identify the petitioner that he was one of the said five persons, who had abducted deceased Parshotam Lal. Learned counsel has further submitted that the petitioner is not the owner of the vehicle in question i.e. Scorpio jeep, which was identified by PW-3 Gurdeep Ram. The petitioner is in custody since 1.2.2009. Learned State counsel, on the other hand, has opposed this petition and has submitted that the offence committed by the petitioner is serious in nature. Sim card of the deceased had been recovered from the petitioner on the basis of his disclosure statement. Keeping in view the submissions made by learned counsel for the parties and the fact that the petitioner is in custody since 1.2.2009, it would be just and expedient to release the petitioner on bail. The effect of the statements made by PWs Gurdeep Ram and Amar Chand would more appropriately be gone into and considered at the time of final arguments. Accordingly, without expressing any opinion on the merits Criminal Misc. No.M-34292 of 2009 (O&M) -3- of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Nawanshahar. (SABINA) JUDGE July 28, 2010 anita