Criminal Misc. No. M-1426 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-1426 of 2009 Date of Decision: 4.2.2009 Nazar Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sukhdeep Singh Sandhu, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner has preferred the instant petition under Section 439 Cr.P.C. for grant of bail in case FIR No. 30 dated 2.4.2006 registered at Police Station Maur, District Bathinda, under Sections 341, 506, 323, 148 & 149 IPC. Counsel has placed reliance upon Annexure P4 i.e. order passed in Criminal Misc. No. 28206-M of 2008 by a Co-ordinate Bench of this Court granting bail to Gurmail Singh. The said order read as under:- “This petition under Section 439 Cr.P.C. seeks bail to the petitioner in case FIR No. 30 dated 02.04.2006 under Sections 341, 506, 323, 148, 149 Criminal Misc. No. M-1426 of 2009 2 IPC, P.S. Maur, District Bathinda. Learned counsel for the petitioner contends that as per the FIR case beatings were given to Binder Singh deceased by all the persons present, three in number including the petitioner. The final report filed under Section 173 Cr.P.C. did not include charge of Section 302 IPC. The Magistrate, at the time of committing the case while considering that Binder had been injured, also added Section 302 IPC. The specific case of the State o Punjab is that Binder in fact died on account of consuming of insecticide as is the medicolegal report given by a Board of Doctors on the basis of Chemical Examiner's report. It also transpires that Binder was admitted in the hospital on 01.04.2006, however, was discharged from the hospital on 06.04.2006. Binder died at his house on 09.04.2006. Considering the fact that injuries were not the cause of death of Binder Singh as per the prosecution case and Binder died on account of consuming of insecticide with which the petitioner had no nexus, this petition is allowed, however, without giving any opinion on the merits of the case. Bail to the satisfaction of CJM, Bathinda”. Counsel for the petitioner claim parity and has stated that role Criminal Misc. No. M-1426 of 2009 3 attributed to the petitioner is similar to Gurmel Singh. Taking into consideration the reasons stated by the Co- ordinate Bench in Annexure P4 i.e. order passed in Criminal Misc. No. 28206-M of 2008 and claim of parity, the present petition is accepted. The petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Bathinda. (Kanwaljit Singh Ahluwalia) Judge February 4, 2009 “DK”