IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-19122 of 2009 Date of decision : August 21, 2009 Mukesh Kumar alias Monu ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Shakun Chaudhary, Advocate for Mr. L.M. Gulati, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Mukesh Kumar alias Monu has filed this petition for bail in case FIR No. 106 dated 14.6.2008 under section 302 read with section 34 IPC, Police Station Chhehratta, District Amritsar. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contended that only lalkara is attributed to the petitioner. Learned State counsel, after seeking instructions from ASI Pargat Singh, does not controvert the said factual position but contends that the petitioner was armed with base-ball bat. However, learned State counsel concedes that the petitioner did not use the said bat and nor attributed injury to the deceased or anybody else. Learned counsel for the petitioner also contends that the petitioner's co-accused Criminal Misc. No. M-19122 of 2009 -2- Sanjeev Kumar who had allegedly dragged the deceased has already been granted bail. Learned State counsel does not controvert this contention as well. The petitioner is in custody since 16.6.2008 i.e. for more than 14 months. 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, Amritsar. ( L.N. Mittal ) August 21, 2009 Judge 'dalbir'