Crl. Misc. No.M-32137 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-32137 of 2009 Date of decision: 08.01.2010 Suresh Kumar alias Happy …Petitioner Versus State of Punjab …Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Vivek Chauhan, AAG, Punjab. L. N. MITTAL, J (ORAL) Suresh Kumar alias Happy has filed this petition for bail in case FIR No.81 dated 10.10.2008, under Sections 302, 324, 323, 148 and 149 of the Indian Penal Code (IPC) registered at police station, Narot Jaimal Singh, Distt. Gurdaspur. I have heard learned counsel for the parties and perused the case file. According to prosecution version, petitioner's father Amar Singh caught hold of the deceased and petitioner's brother Kaka inflicted fatal blow. The petitioner himself inflicted datar blow on the head of Brijesh Kumar alias Raju witness and the said injury has been opined to be simple one. Petitioner's another brother and co- accused Mukesh Kumar alias Bobby inflicted two simple injuries with knife on wrist of left hand and near little finger of right hand of the complainant. Learned counsel for the petitioner vehemently contended that only simple injury is alleged to have been caused by the Crl. Misc. No.M-32137 of 2009 -2- petitioner to a witness and no injury is alleged to have been caused by the petitioner to the deceased. It is also contended that the petitioner is in custody since 31.10.2008 i.e for more than one year and two months. It is also contended that the petitioner's co-accused Amar Singh and Mukesh Kumar alias Bobby have already been granted bail. Petitioner's father Amar Singh also allegedly suffered abdominal injury in the same occurrence, which has been declared dangerous to life and cross-case under Section 307 IPC has been launched against the complainant-party. On other hand, learned State counsel contended that the petitioner inflicted injury on the vital part. I have carefully considered the rival contentions. Keeping in view all the circumstances, but without commenting anything on merits, the instant bail petition is allowed. The petitioner shall be released on bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. ( L. N. MITTAL ) JUDGE 08.01.2010 A.Kaundal