IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26245 of 2008 DATE OF DECISION: February 05, 2009 Saresh .........PETITIONER(S) VERSUS State of Haryana ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Anil Ghanghas, Advocate, for the petitioners. AJAI LAMBA, J. (ORAL) This petition under Section 438 Cr.P.C. survives in the context of Ali Mohd., petitioner no. 2 as petitioner no. 1 had already died. Ali Mohd. prays for bail under Section 438 Cr.P.C. in case FIR No. 46 dated 07.02.2006 under Sections 147, 148, 323, 324, 506, 325 and 307 IPC, P.S. Punhana, District Mewat. Essentially it was contended on 05.12.2008 before this Court that the role of Ali Mohd was investigated. Ali Mohd. was found innocent and, therefore, was kept in column no. 2. Under the circumstances, one opinion of innocence was there on the record. Learned counsel for the respondent-State has pointed out, on instructions from ASI Satyavir Singh P.S. Punhana, that from the record it is made out that in fact Ali Mohd. was absconding and, therefore, could not be arrested. There is no material available on the record on investigation file to indicate that opinion of innocence has been recorded in favour of the Crl. Misc. No. M-26245 of 2008 -2- petitioner. In view of such circumstances, the petitioner is not entitled to concession of bail in the matter as the allegation is of committing the offence under Section 307 IPC alongwith other provisions of the Code. Dismissed. 05.02.2009 (AJAI LAMBA) shivani JUDGE