IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-14590 of 2009 Date of decision : July 15, 2009 Subarti ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms. Monisha Lamba, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Subarti has filed this petition for bail in case FIR No. 303 dated 20.8.2006 under sections 148, 149, 307, 379, 353, 186 IPC read with sections 2, 5 and 8 of Punjab Prohibition of Cow Slaughter Act, 1955 read with section 25 of Arms Act, Police Station Old Faridabad, District Faridabad. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, some persons had committed theft of cows and were carrying the same in Tata-407vehicle. Police laid naka. A Tata-407 vehicle came. Police gave signal to stop it but the driver of this vehicle hit barricade and tried to kill the police officials under the vehicle but they saved themselves. Occupants of the vehicle pelted stones on the police officials and also fired on them. Criminal Misc. No. M-14590 of 2009 -2- Learned counsel for the petitioner contended that the petitioner has not been named in the FIR and he was named by co-accused who was arrested in another case. It was also contended that no police official suffered any injury nor there was any damage to the police vehicle. It is also contended that no specific role has been attributed to the petitioner. On the other hand, learned State counsel, on instructions from ASI Madan Gopal, contended that the petitioner was proclaimed offender and has now been arrested on 8.12.2008. No test identification parade has been held in the case. Petitioner's two co-accused stand acquitted. The petitioner is in custody since 8.12.2008 i.e. for more than seven months. Petitioner was not named in the FIR. Test identification parade has not been held. Petitioner's two co-accused have since been acquitted. In view of the aforesaid but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Faridabad. ( L.N. Mittal ) July 15, 2009 Judge 'dalbir'