Crl. Misc. No. M-22536 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-22536 of 2010 (O&M) Date of Decision: October 12, 2010 Pardeep Kumar ........Petitioner Versus State of Haryana .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Bipan Ghai, Senior Advocate with Mr. Sandeep Gahlawat, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. Mr. Ajayinder Sangwan, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.) for grant of regular bail in case FIR No.74 dated 4.11.2009, under Sections 302,34 of Indian Penal Code, registered at Police Station GRP Ambala Cantt. The contents of the FIR as reproduced in para 1 of the petition read as under :- “Today i.e. on 4.11.2009 I, SI/SHO was present at Ambala Cantt in connection with a meeting. Lakhmi Chand ASI 304 gave information on telephone at P.S. GRP Karnal and on this information Ved Pal EHC talked to me on phone that today i.e. on 4.11.09 at about 11.30 AM a quarrel took place between the students at Nelokheri Railway Station and some unknown boys Crl. Misc. No. M-22536 of 2010 (O&M) 2 have injured one Amit by causing injuries with Knives. He has died and his dead body is lying in Nelokheri Hospital. The above information was received at 12.30 noon and Lakhmi Chand was directed that he should reach Railway Station alongwith maximum force and should leave one police official at spot for guarding the dead body. Then he should reach Nelokheri Hospital. The officers were informed about the occurrence. I alongwith Suresh Kumar ASI of GRP reached Nelokheri Hospital from Ambala in official vehicle HR 37-C- 8888 driving by C. Ram Chand 296. Ashok Kumr SHO PS Butana alongwith other officials were also found present there as there was likelihood of breach of peace. Lakhmi Chand ASI alongwith ASI Raj Kumar No.57 also found present there in Government Gypsy No.HR-01-P-4747 driven by Rajesh Kumar 1196. After verifying the facts that dead body of Amit Kumar was examined which was lying in emergency ward of Hospital of Nelokheri. On examining it was found that there was on injury on left side below the jaw and second injury was found on left side of axillary region; another injury was found on left leg above knee with sharp edged weapons. No body from the family of the deceased reached there. Nitish Kumar friend of deceased Amit is also injured and lying in unconscious condition in Hospital. Police officials from P.S. Butana District Karnal have been guarding him. From the information received form P.S. GRP Karnal and examination of dead body offence u/s 302/34 IPC has been disclosed. A ruka has been sent to police station through Rajesh Kumar 1196 for registration of case. After registration of case I may be informed of number of Crl. Misc. No. M-22536 of 2010 (O&M) 3 FIR special reports be sent to Senior officer Crime Team from District Karnal, Kurukshetra and Ambala have been asked to each at the spot. I, SI/SHO am busy at spot conducting proceedings under Section 174 Cr.P.C.” Learned counsel for the petitioner has submitted that the alleged eye witnesses Nitish Kumar and Ashwani Kumar have failed to identify the petitioner while appearing in the witness box. Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed the petition. Learned counsel for the complainant has submitted that in the present case recovery were effected on the basis of statement made by the accused. Four accused are yet to be arrested. A young boy had been murdered in this case. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. The alleged eye-witnesses have not supported the prosecution case and they have failed to identify the petitioner. In these circumstances, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Kurukshetra. (SABINA) October 12, 2010 JUDGE Anand