Crl.Misc.No.12914-M of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.12914-M of 2008 Date of Decision: 11.7.2008 Hardeep Singh and another ..Petitioners. Vs. State of Punjab ..Respondent. CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present:- Mr.Vivek Goel, Advocate for the petitioners. Mr.I.P.S.Sidhu, Sr.DAG Punjab. RAKESH KUMAR JAIN, J. The petitioners have prayed for the grant of regular bail in a case registered vide FIR No.11 dated 16.1.2007 under Sections 302,148,149 IPC at P.S.Baghapurana, District Moga. Tersely, the allegations are that on 16.1.2007, at 4 A.M. complainant Gurdev Singh, his wife Jaswant Kaur and his Kuram Darshan Singh heard loud voices from the house of Surjeet Singh son of Harminder Singh. The door was bolted from inside. When they peeped from the chinks of the door and also from over the wall, they saw Surjeet Singh son of Harminder Singh having wooden kharpal and Hardeep Singh having iron weight, his wife Daljeet Kaur armed with wooden kharpal, his daughter Deepi Crl.Misc.No.12914-M of 2008 -2- armed with wooden kharpal and his nephew Surjeet Singh i.e. Jagir Singh @ Seera armed with wooden kharpal were giving beatings to Gurdip Singh son of Gurdev Singh tied with ropes and when they raised noise from outside, they all ran away from the spot. They immediately opened the door of the house and untied Gurdip Singh but in the meantime, he died. Counsel for the petitioner has contended that allegations against all the accused are similar whereas two of the accused namely Daljeet Kaur wife of Surjit Singh and Mandeep Kaur @ Deepi daughter of Surjit Singh have been granted bail by this Court in Crl.M.No.43208-M of 2007 decided on 5.10.2007 and Crl.M.No.49173-M of 2007 decided on 22.11.2007. Counsel for the petitioners has thus, claimed parity and also contended that eye witnesses have already been examined and the petitioners are in custody for more than 1 year and 4 months. These facts have gone unrebutted. In view of the above, without commenting on the merits of the case, this petition is allowed and the petitioners are directed to be released on bail on their furnishing bail bonds with heavy surety to the satisfaction of the trial Court, Moga. (Rakesh Kumar Jain) 11.7.2008 Judge Meenu Crl.Misc.No.12914-M of 2008 -3-