Crl.Misc.No.M-22653 of 2009 (O&M) Robin versus State of Punjab Present:- Mr. Pardeep Rajput, Advocate for the petitioner. Mr. B.B.S.Teji, AAG, Punjab. Learned counsel for the petitioner states that petitioner's name does not figure in the FIR and further contends that his co-accused has already been released on bail. On the other hand, learned counsel for the State contends that petitioner is involved in commission of offence under Section 304 IPC and therefore, he does not deserve the concession of bail. Facts of the case reveal that a case has been registered under Sections 304, 341, 148, 149 IPC. Cause of death of the deceased in the opinion of the Doctor has been stated to be due to shock as a result of effect on heart. In view of the aforesaid facts, it would be a moot question that whether there was an intention to cause his death or not. Petitioner is in custody since 30.4.2009 and since his name does figure in the FIR, it is not clear that whether he is the main person who committed the offence or not. In view of the aforesaid facts and also the fact that co-accused of the petitioner has since been released on bail, the present petition is allowed. It is directed that petitioner be released on bail in terms of Sections 439 Cr.P.C. Bail to the satisfaction CJM, Amritsar. September 25, 2009 (Mahesh Grover) rekha Judge