Crl. Misc. No. M-18548 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : 13.09.2010 Harish Kumar ....Petitioner versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Sudhir Sharma, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. Mr. B.P.S. Virk, Advocate for the complainant. **** M ehinder S ingh S ullar, J. (Oral) Petitioner-Harish Kumar has directed the present application for regular bail in a case registered against him vide FIR No.118 dated 09.03.2009 on accusation of having committed the offence punishable under sections 306/498-A of IPC by the police of Police Station, Kotwali, Patiala District Patiala. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable assistance and after deep consideration of the matter, to my mind, the petitioner is entitled to bail. 4. It is not a matter of dispute that petitioner was arrested on 03.04.2009 since then he is in custody and is no longer required for any purpose. Whether the penal provision of Section 306 IPC would be attracted from the facts Crl. Misc. No. M-18548 of 2009 -2- of the present case, would be a moot point, to be decided by the trial Court, during the course of trial. Even originally the case was registered against the petitioner as well his parents but during the course of investigation police found them innocent and only challaned the petitioner. Moreover, Niharika-PW1 and daughter of the deceased, did not support the prosecution case at all. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case.. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on bail on his furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/or in his absence, Duty Magistrate, Patiala. (Mehinder Singh Sullar) Judge September 13, 2010 naresh.k