IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-29825 of 2009 Date of decision : November 17, 2009 Prithvi ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Anurag Arora, Advocate for Mr. Jamshed Ahmed, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Prithvi has filed this petition for anticipatory bail in case FIR No. 22 dated 20.2.2008 under sections 302, 323, 148, 149 IPC and section 25 of Arms Act, Police Station Nagina, District Mewat. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner's co-accused Ayyub had purchased recharge card of mobile telephone from the complainant and did not pay for the same. On demand of money by the complainant, Ayyub slapped him. Next day, Ayyub accompanied by petitioner and others attacked the complainant's brother Khurshid and murdered him. The role attributed to the petitioner is that after Aayin Khan inflicted lathi blow on Khurshid he fell down and three co-accused Ayyub, Criminal Misc. No. M-29825 of 2009 -2- Isha Khan and Juber gave lathi blows each and then the petitioner inflicted kick blows. Learned counsel for the petitioner contended that the petitioner was found innocent on investigation but has been summoned as additional accused on application filed under section 319 Cr.P.C. This factual position is not controverted by learned State counsel, on instructions from Inspector Mahabir Singh. Learned counsel for the petitioner also contended that the petitioner is aged 78 years and is suffering from 50% disability of right upper limb as depicted by disability certificate Annexure P/1. Without meaning to comment anything on merits, the instant petition is allowed. The petitioner shall be released on bail on furnishing bail bonds before the trial court if the petitioner appears before the trial court on or before 25.11.2009, the date fixed in the trial court. ( L.N. Mittal ) November 17, 2009 Judge 'dalbir'