In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-1041 of 2010 ..... Date of decision:16.2.2010 Dalbir Masih alias Raula .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Vipin Mahajan, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 24.5.2009 for the offences under Sections 302, 304, 323, 427, 506, 148 and 149 IPC. The FIR in the case has been registered on the statement of Samuel Masih alias Hira who has alleged that on 23.5.2009 at about 5.00 p.m. the complainant along with his uncle David Masih and aunt Manjit (deceased) were talking in front of their house in the street. In the meantime, the accused including the petitioner came there on a Sumo car and parked it on the road. Manohar Masih raised a `Lalkara' to teach lesson to David Masih alias Hira (complainant) for abusing him after taking drinks. Manohar Masih, who was holding a brickbat in his hand, threw the same which hit on the head of Manjit (deceased) on the left side. The others also Cr. Misc. No.M-1041 of 2010 [2] threw brickbats. Ramesh Masih (wrongly mentioned in the FIR as Mahesh Masih) gave a brickbat blow which hit on the right side of the nose of Manjit (deceased). The petitioner is not attributed any specific role and it is alleged that other accused also gave brickbats blows and raised `Lalkara' by saying to kill them. The incident in the case occurred on 23.5.2009 and the FIR was registered on 24.5.2009. Manjit Masih-aunt of the complainant died on 27.5.2009. In the post-mortem report there was four injuries on her person i.e. (1) stitched wound 10 cm x 4 cm on the left parietal bone; (2) Abrasion 2 cm x 1.5 cm below and side of the right eye; (3) Abrasion 2 x 1.5 cm above the right eye-brow and (4) Abrasion 1.5 x 1.5 cm on the dorsum of nose. No evidence of any external injury. The report regarding cause of death, it was observed, could be given after receiving HPE report from the Medical College, Amritsar. In the final report the cause of death has been given. It is mentioned that according to available circumstances and clinical records the cause of death is due to sudden unconsciousness due to mid brain oedema causing cardio respiratory arrest could not be ruled out. The challan in the case has been filed on 21.8.2009 and the case was committed by the learned Judicial Magistrate Ist Class vide order dated 29.10.2009 (Annexure-P.3) to the Court of Session. The charge in the case is still to be framed and it is to be ascertained whether the offence under Section 302 IPC is made out or not. Keeping in view the fact that no specific role is attributed to the petitioner, the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Gurdaspur shall be admitted to bail. Cr. Misc. No.M-1041 of 2010 [3] The criminal miscellaneous petition stands disposed of. February 16, 2010. (S.S. Saron) Judge *hsp*