IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. M-17288 of 2009 Date of decision:- 01.4.2010 Sonu @ Sunny Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Akshay Bhan, Advocate for the petitioner. Mr. Ranvir Singh Arya, DAG Haryana. RAM CHAND GUPTA J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.451 dated 27.11.2008, under Sections 148,149,302,307,120-B,216,419,420,467,468,471 IPC and under Section 25 of the Arms Act, registered at Police Station Sadar, Bahadurgarh, District Jhajjar. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner that the petitioner is not named in the FIR. He has further contended that alleged evidence, against him is that .32 bore pistol was recovered from his possession. He has further contended that however as per report of FSL cartridges of .32 bore pistol recovered in this case, have not been fired from the weapon W/2, allegedly recovered as per disclosure statement of petitioner-accused. It is further contended that no injury has been attributed to him and that there is no evidence that he conspired with the co-accused in the murder of Karan Singh. It is further contended that he is continuing in custody since 22.1.2009 and that it shall take some time for trial to conclude and that hence no useful purpose will be served by keeping the petitioner any more in custody. Bail application has been opposed by learned counsel for the State mainly on the grounds that petitioner-accused had supplied three weapons to the Criminal Misc.No. M-17288 of 2009 -2- co-accused for committing this murder as per disclosure statement of petitioner- accused and of co-accused. However, it is conceded that only one .32 bore pistol had been recovered from him and that .32 bore fired cartridges were also recovered from the dead body and however as per report of the FSL, it was found that those fired cartridges were not fired by the weapon W/2, recovered as per disclosure statement of the petitioner-accused and that no other firearm had been recovered from him. I have considered all the facts. The trial will take some time to conclude as no witness has been examined so far. No overt act has been attributed to the petitioner-accused. The only allegation against him is recovery of .32 bore pistol and however as per report of FSL, it was found that .32 bore fired cartridges were not fired from that pistol. Hence, in view of these facts and without expressing any opinion on the merits of the case, the petition for regular bail of petitioner Sonu @ Sunny Kumar is accepted. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jhajjar. April 01, 2010 ( RAM CHAND GUPTA ) vj JUDGE