In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.33299 of 2008 Date of decision: 17.2.2009 Chaman and another ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sameer Singh, Advocate, for the petitioners. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. The petitioners have filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 120 dated 5.5.2008, under Sections 148/323/302/149 of the Indian Penal Code, registered at Police Station City Bahadurgarh. Learned counsel for the petitioners has not pressed the petition on behalf of petitioner No.2 at this stage. Accordingly, this petition qua petitioner No.2-Punit is dismissed as not pressed. As per the prosecution case petitioner No.1 Chaman @ Chimni along with Vijay had caught hold of the deceased from his hands and thereafter, the other accused inflicted injuries on the Criminal Misc. No.33299 of 2008 -2- person of the deceased. Learned counsel for petitioner No.1 has submitted that no injury was attributed to petitioner No.1. In fact, there were two head injuries on the person of the deceased. As per the medical opinion, the deceased had died due to injury on the head. During trial, Sandeep Kumar (PW-2) has deposed that Vijay has given a brick blow on the head of the deceased. Learned State counsel, on the other hand, has opposed the petition for bail. In the present case, no injury is attributed to petitioner No.1. The only attribution made to petitioner No.1 is that he had caught hold of the deceased from his hands. The role played by petitioner No.1 would more appropriately be gone into and considered during trial Keeping in view the attribution made to petitioner No.1 and the fact that he is in custody since 14.5.2008, without expressing any opinion on the merits of the case, this petition qua petitioner No.1 is allowed. Accordingly, petitioner No.1 Chaman @ Chimni is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Jhajjar. (SABINA) February 17, 2009 JUDGE anita