IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13663 of 2009 (O&M) Date of decision : 6.7.2009 Kehar Singh … Petitioner Versus State of Haryana …Respondents Coram : Hon’ble Mr.Justice Rajan Gupta Present: Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Tarun Aggarwal, Sr.DAG, Haryana. Mr.Anshuman Dalal, Advocate for the complainant. Rajan Gupta, J. (Oral) Crl.Misc. No.31727 of 2009 For the reasons mentioned in the application, application is allowed and the documents (Annexures P-2 and P-3) are taken on record. Crl.Misc.No.M-13663 of 2009 Learned counsel for the petitioner submits that although the petitioner was named in the initial version by the complainant, only role ascribed to him was that he caught hold of the deceased. According to the counsel, during the investigation, the police came to the conclusion that the petitioner was innocent and kept him in column No.2 in the report under Section 173 Cr.P.C.. However, on the basis of statement made by PW-1, Bijender before the Additional Sessions Judge, Jhajjar, the petitioner was summoned as an accused under Section 319 Cr.P.C vide order dated 16.4.2009 and he surrendered before the court. The bail application of the petitioner was also dismissed by Additional Sessions Judge Jhajjar vide order dated 21.4.2009. According to the counsel, the petitioner is ready to Crl.Misc.No.M-13663 of 2009 (O&M) [2] face the trial. However, no useful pursue would be served by detaining him in the custody during the period of trial. Learned State counsel has opposed the prayer. Learned counsel for the complainant has submitted that the allegation against the petitioner are serious in nature and therefore, he is not entitled for concession of the bail. Keeping in view the fact, the petitioner has been summoned under Section 319 Cr.P.C. and only role ascribed to him in the initial version of the complainant is that he caught hold of the deceased, I am of the considered opinion that no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial. Prayer for bail is thus allowed. Bail to the statisfaction of the Chief Judicial Magistrate/ Duty Magistrate, Jhajjar. [ Rajan Gupta ] Judge 06.7.2009 sd