Criminal Misc. No. M-37312 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37312 of 2010 (O&M) Date of decision: 26.7.2011 Ajay .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. B. S. Bairagi, Advocate for the petitioner. Mr. Subhash Godara, Additional Advocate General, Haryana. ... Rajesh Bindal J. Prayer in the petition is for grant of regular bail to the petitioner pending trial. Initially, the FIR was registered under Sections 302/34 IPC. However, the charges were framed under Sections 304/34 IPC. Learned counsel for the petitioner submitted that the petitioner along with some other friends and the deceased had gone for a bath in Jawahar Lal Nehru Canal. However, the deceased drowned there. The other friends accompanying him could not save him as none of them knew swimming well. There was high flow of water in the canal. No one had pushed the deceased into the canal. The petitioner is studying in IInd year in Industrial Training Institute, Rohtak. He is stated to be in custody since 3.6.2010. On the other hand, learned counsel for the State submitted that in his disclosure statement, the petitioner had stated that they were together at the canal. Accidentally, the deceased was hit by some one's shoulder and he fell in the canal. The petitioner tried to save him but could not succeed. After framing of the charges, none of the prosecution witnesses has yet been examined. After hearing learned counsel for the parties and considering Criminal Misc. No. M-37312 of 2010 [2] the fact that death in the present case had taken place when the deceased was in the company of his friends and at that time they were enjoying near the canal; incidentally the deceased fell down therein; the petitioner is in custody for the last more than one year and the trial is likely to take some time, the petitioner is directed to be released on bail pending trial on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Rohtak. The petition stands disposed of. (Rajesh Bindal) Judge 26.7.2011 mk