IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M-No.12272 of 2009 DATE OF DECISION : July 27, 2009 Rambir ...Petitioner Vs. State of Haryana ...Respondent CORAM: HON’BLE MR.JUSTICE RAJAN GUPTA Present : Mr.Jasjit Singh Bedi, Advocate for the petitioner ` Mr.Tarun Aggarwal, Senior DAG , Haryana Mr.N.S.Sheoran, Advocate RAJAN GUPTA,J.(Oral) Learned counsel for the petitioner has referred to the statement of Baljit Singh S/o Phul Singh recorded under Section 161 Cr.P.C. According to learned counsel for the petitioner head injuries were caused to the deceased by Anil and Jai Parkash. Another accused Dalbir had caused injuries on palm, left and right foot of the deceased. According to learned counsel, the name of Rambir, the present petitioner figures in the statement only at one place. He has referred to the relevant part which reads thus :- “Anil gave Jelly blow on the forehead of Shamsher, Jai Parkash gave Jelly blow on the back of head of Shamsher. Dalbir gave a Lathi blow hitting on palm left foot and right foot also. Shamsher fell. While he was lying Rambir, Jai Parkash and Dalbir caused injuries to him with Lathies and Jellies.” Criminal Misc.-M-No.12272 of 2009 -2- Learned counsel has further referred to the cause of death, as reproduced in para 5(V) of the petition: “The cause of death of deceased is head injuries and its complications. Head injury is ante-mortem in nature and sufficient to cause death in ordinary course of nature.” According to the counsel co-accused of the petitioner were granted bail vide order Annexure P-8 dated 25th February, 2009. The petitioner had also approached this Court earlier. However, his bail application was dismissed as not pressed with liberty to him to approach again in case the material witnesses were not examined before the next date of hearing i.e. 19th January, 2009. Learned State counsel does not dispute the fact that no material witness as mentioned in order dated 27th November, 2008 has been examined till now. However learned State counsel has opposed the bail application on the ground that the petitioner has caused injuries to the deceased. It appears that no injury has been attributed to the petitioner on head of the deceased. There is general allegation of inflicting injuries with sticks (lathies) and jellys. Consequently, keeping in view the facts and circumstances of the case and without expressing any opinion on the merits of the controversy, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing requisite bonds to the satisfaction of the Chief Judicial Magistrate, Bhiwani. (Rajan Gupta) July 27, 2009 Judge ps