Criminal Misc. No. M-20846 of 2009 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20846 of 2009 (O&M) Date of decision: 20.10.2009 Kamla .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ashit Malik, Advocate for the petitioner. Ms. Ritu Punj, Deputy Advocate General, Haryana. .. Rajesh Bindal J. Prayer in the petition is for grant of regular bail to the petitioner, who is arrayed as an accused in FIR No. 87 dated 20.11.2008, registered under Sections 302, 323, 324, 325, 326, 148, 149 and 427 IPC, Police Station, Bapoli, District Panipat. Learned counsel for the petitioner submitted that it is a case where the complainant party had trespassed into the house of the petitioner and other accused, which was in their possession since long as they wanted to take forcible possession, after an agreement to sell was signed in their favour by alleged owner- Harish. Prior to that, a suit for possession filed by Harish was dismissed as withdrawn. Three of the persons on the complainant side, namely, Atru, Ramesh and Mulla are life convicts, who had already undergone their sentence. The petitioner has been falsely implicated in the case. She has not been named in the FIR. Even otherwise, the only injury attributed to the petitioner is to one of the injured, namely, Rakam Singh and that too on his leg, which was found to be simple in nature. For the alleged murder of Sunder Pal, 12 persons are facing trial, out of which seven, including the petitioner, are in custody. The petitioner is in custody since June, 2009. The trial is going to take some time, as there are total 33 witnesses and the trial is to commence on 9.11.2009. Learned counsel for the State submitted that considering the seriousness of allegations against the petitioner, she does not deserve the concession of bail. Once the property had been purchased by the complainant party after payment of the entire sale consideration, they had the right to take possession Criminal Misc. No. M-20846 of 2009 [ 2] thereof. He further submitted that the accused party was, in fact, a trespasser as the property was not owned by them. After hearing learned counsel for the parties, I find merit in the submissions made by learned counsel for the petitioner. The only injury attributed to the petitioner is lathi blow on the leg of one of the injured, namely, Rakam Singh, which was found to be simple in nature. She has not been attributed any injury to the deceased. The trial in the case is yet to commence and may take some time. Seven other accused are still in custody including the persons, who have been attributed fatal injuries to the deceased. Considering the aforesaid facts, in my opinion, the petitioner deserves the concession of bail pending trial. Accordingly, it is directed that the petitioner shall be released on bail on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Panipat. The petition stands disposed of. (Rajesh Bindal) Judge 20.10.2009 mk