IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-33813 of 2009 Date of decision : 22.12.2009 Balwinder Kumar alias Kaka ....Petitioner Versus The State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. R.S.Ghai, Sr. Advocate with Mr.Vinod Ghai, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab for the State. Mr.Rahul Rampal, Advocate for the complainant. .... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.204 dated 27.9.2009 under Sections 304/34 IPC at Police Station Haibowal, District Ludhiana. The allegations against the petitioner are that he along with some other persons had given beatings to the deceased. The cause of altercation was parking of a truck in a common path way which used to obstruct the movement of others. Learned counsel for the petitioner with reference to Crl.Misc.No.M-33813 of 2009 -2- Annexure P-1 has contended that in fact the cause of death has been established by a Board of Doctors, which was constituted for ascertaining the same, to be on account of coronary heart disease which is sufficient to cause death in ordinary course of nature. Learned counsel for the State, on the other hand, on instructions from SI Jagdish Singh, has contended that after due investigation a cancellation report is being prepared and is in the process of being submitted. The prayer for bail has been opposed by the learned counsel appearing for the complainant who contends that the deceased died on account of the beatings given to him. After hearing the learned counsel for the parties and perusing the record, I am of the opinion that considering the fact that prima facie there is some material to show that the cause of death was not on account of the beatings but on account of coronary heart disease and also that the State is also in the process of filing a cancellation report, the petition deserves to be allowed. Accordingly, the present petition is accepted and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. Nothing stated herein shall be construed to be an expression on the merits of the case. 22.12.2009 (MAHESH GROVER) JUDGE dss