CRM No.M-22622 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 11, 2011. CRM No.M-22622 of 2011. Gulzar Mohamad ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI PRESENT: Mr. Rajkaran Singh Brar, Advocate, for the petitioner, Mr. P.S. Bajwa, DAG, Punjab. M.M.S.BEDI, J. (ORAL) The petitioner seeks the concession of regular bail in a petition under Section 439 Cr.P.C. registered at the instance of Anwar Khan son of the Makhan Khan alleging that the petitioner is real brother of deceased Makhan Khan. He died on account of dispute of demarcation of six marla of land, which was possession in excess of Gulzar Mohamad and was handed over to Makhan Khan. On account of that grievance the petitioner had given beatings by holding the arms and co-accused Bhago wife of the petitioner holding the legs and Sher Mohamd and Sattar Mohamad grand sons' of Gulzar Mohamad started giving blows to the deceased on the chest. Counsel for the petitioner submits that petitioner is an old man and is aged about 65 years and there is no mark of injury on the body of the deceased. A reference has been made to the medical CRM No.M-22622 of 2011 -2- opinion regarding the cause of death which is reported to be due to cardic arrest. The petitioner has been booked under Section 304/34 IPC. Apparently, there is no intention attributed to the petitioner that he has been tried for offence under section 304 IPC. Without expression of any opinion on the merits and taking into consideration the age of the petitioner, the petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court. (M.M.S.BEDI) JUDGE November 11th, 2011 tarun sahni