IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-10310 of 2009 Date of decision : September 22, 2009 Geeta Ram ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rajbir Sehrawat, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Geeta Ram has filed this petition for bail in case FIR No. 584 dated 27.12.2008 under sections 302, 307, 120-B read with section 34 IPC and section 25 Arms Act, Police Station Civil Lines, Rohtak. I have heard learned counsel for the parties and perused the case file. The petitioner was not present at the spot at the time of murder because the murder was allegedly committed by hired killers. The petitioner is sought to be connected with the murder by virtue of criminal conspiracy and on the basis of motive. To connect the petitioner, it has been argued on behalf of the State that petitioner had a telephonic talk from telephone No. 92121-33052 (belonging to petitioner's firm) on 23.10.2008 Criminal Misc. No. M-10310 of 2009 -2- to telephone No. 90121-86005 said to be of Mrigender, one of the alleged hired killers. Learned State counsel, on instructions from SI Nihal Singh states that telephone No. 90121-86005 had been issued in the name of one Lucky son of Rajbir, resident of Meerut whereas Mrigender belongs to village Ramala in district Baghpur. Learned counsel for the petitioner vehemently contended that the petitioner is not connected with the alleged murder because telephone No. 90121-86005 was not of the alleged hired killer Mrigender and conversation on the said telephone had taken place more than two months before the occurrence. Learned State counsel also contended that the petitioner had also made two telephone calls from mobile telephone No. 92121-33052 at 8.17 AM and 09.09 AM on 27.12.2008, the date of occurrence to Satyawan on mobile telephone No. 99916-58569 and one Narender PW has made statement that he had overheard Satyawan (brother of the petitioner) talking with hired killers Harender and Mrigender and telling them that Satyawan received telephone call from petitioner Geeta Ram saying that the work had to be completed on that very day. Petitioner is in custody since 31.12.2008. The petitioner is not said to have talked with the hired killers. The petitioner is said to have talked with his brother on telephone on the date of occurrence. Petitioner's telephone No. 92121-33052 is also said to have been picked up by the public from the spot and handed over to Deputy Superintendent of Police. However, learned counsel for the petitioner states that nobody has stated that said mobile instrument was picked up from the spot. Criminal Misc. No. M-10310 of 2009 -3- Be that as it may, but without commenting anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Rohtak. ( L.N. Mittal ) September 22, 2009 Judge 'dalbir'