Criminal Misc. No. M-8839 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-8839 of 2008 (O&M) Date of Decision:13.05.2008 Harjinder Rai alias Gondi .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. R.S.Athwal, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab. **** RAJESH BINDAL J. Learned counsel for the petitioner submits that the allegations in the FIR are that Devinder Singh alias Peetu son of Harjinder Singh, Kirpal Singh son of Sant Ram, Bhinda, Bindu, Harjinder Rai alias Gondi and Harpal Singh alias Pala, who had come together on tractor being driven by Devinder Singh alias Peetu and because of old enmity Gurtej Singh alias Babbi was run over by the tractor. As a result of which he died. On investigation, the police found Harpal Singh, Bhinda and Bindu to be innocent. The challan was presented against the petitioner, Devinder Singh alias Peetu and Kirpal Singh. The application filed by the prosecution under Section 319 Cr.P.C for summoning of Harpal Singh, Bhinda and Bindu was dismissed. The allegations in the FIR against the petitioner are also similar as are against Harpal Singh, Bhinda and Bindu as the petitioner is only shown to be accompanying Devinder Singh alias Peetu and other persons. The tractor in which Gurtej Singh was run over was allegedly being driven by Devinder Singh alias Peetu. The petitioner is in custody since 26.12.2006. Devinder Singh alias Peetu and Kirpal Singh are also in custody. Only one prosecution witness has been recorded till date and the trial is going to take quite some time. The story put up in the complaint on the basis of which the FIR was registered is concocted. In fact, the deceased was run over in an accident. Otherwise it is difficult to run over a person by tractor near the bus stand where large number of people are present and number of shops are there. Criminal Misc. No. M-8839 of 2008 (O&M) -2- Be that as it may, without opining on the merits of the controversy, it is directed that pending trial, the petitioner shall be released on bail to the satisfaction of Chief Judicial Magistrate, Hoshiarpur. The petition is disposed of. May 13, 2008 ( RAJESH BINDAL ) renu JUDGE