IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.26049-M of 2008 DATE OF DECISION : NOVEMBER 19, 2008 GIAN CHAND ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Malkeet Singh, Advocate, for the petitioner(s). Mr. Abhishek Chautala, AAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, prays for bail in FIR No.68 dated 7.6.2006 under Sections 302, 323, 324, 148, 149, Indian Penal Code, Police Station, Rahon. Learned counsel for the petitioner contends that the dispute arose between brothers on account of land measuring 5 kanals. An attempt to settle the matter by way of compromise was made, however, the petitioner did not agree. Learned counsel for the petitioner, in regard to the incident, contends that the petitioner, as per the prosecution case, was empty handed and had not inflicted any injury on the person of deceased-Harbilas. Learned counsel for the respondent-State, on instructions from SI Gurdial Singh, has pointed out that the petitioner along with all other Criminal Misc.26049-M of 2008 2 accused had dragged Harbilas inside their house. I have considered the rival contentions. It is not in dispute that the petitioner was empty handed. No material has been placed before me to indicate that the petitioner had caused any injury on the person of the deceased. So far as dragging of Harbilas in the house is concerned, it is a general allegation against all the accused and that too after injuries had been caused on the person of Harbilas. I have also considered the custody period of the petitioner i.e. 2 years and 4 months. Taking an over-all view, this petition is allowed. Bail to the satisfaction of CJM, Nawanshahr/trial Court. November 19, 2008 ( AJAI LAMBA ) Kang JUDGE