IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1494 of 2011(O&M) Date of Decision: 09.03.2011 Pawan .... Petitioner Versus State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Amit Kumar Goyal, Advocate for the petitioner Mr. Gaurav Dhir, DAG Haryana for the respondent – State 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 141 dated 1.5.2010 under Sections 307, 452/34 read with Section 25 of Arms Act registered at Police Station Kundli, District Sonepat. Learned counsel for the petitioner has vehemently argued that petitioner has lodged one FIR on 12.5.2010 under Section 307 IPC against Anant Ram @ Anant son of Kaptan, resident of Bindroli. Learned counsel for the petitioner has further argued that petitioner was found having gun shot injury by Pt B.D. Sharma, PGIMS Rohtak. He has further argued that to pressurize the petitioner to compromise the case which was registered by the petitioner against Anant Ram, Anant Ram co-accused has falsely named the petitioner in case FIR No. 141 dated 1.5.2010 in his disclosure statement dated 14.5.2010. Learned counsel has further argued that alleged confession/ disclosure statement of the co-accused is not admissible in evidence. Crl. Misc. No. M-1494 of 2011(O&M) 2 Learned counsel has further argued that petitioner is in custody w.e.f. 23.7.2010 and till date no prosecution witness has been examined. Learned counsel for the petitioner while placing reliance on the judgment of Hon'ble Apex Court in the matter of State of Kerala vs. Raneef, reported in 2001(1) RCR (Criminal) page 381 has argued that if bail is refused and ultimately accused is acquitted, period spent in the jail can not be restore to the accused, therefore, accused must be enlarged on bail. Considering the totality of facts and circumstances of the case, petition is allowed. Let petitioner be released on bail to the satisfaction of learned trial Court. (ALOK SINGH) 09.03.2011 JUDGE reena