IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-20601 of 2009 Date of decision : November 09, 2009 Manoj ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vikrant Pamboo, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Manoj has filed this petition for bail in case FIR No. 470 dated 20.9.2008 under sections 148, 149, 224, 225, 307, 332, 353, 511, 120-B, 126 IPC and section 25 of Arms Act, Police Station City Ballabgarh, District Faridabad. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contended that the petitioner's co-accused Dinesh has since been granted bail and the petitioner is on parity with said Dinesh. Learned State counsel, on instructions from ASI Subhash Chander, did not controvert the aforesaid factual position but contended that co-accused Aditya has stated before the police that the shot was fired Criminal Misc. No. M-20601 of 2009 -2- by Manoj petitioner. Learned counsel for the petitioner, however, contended that statement made by co-accused Aditya in custody to the police cannot be used as evidence. Learned State counsel, on instructions stated that no witness during investigation has specifically stated as to which accused had fired the shot. Although case is of serious nature as the petitioner and his co- accused tried to rescue petitioner's brother Aditya from police escort party while Aditya was in custody and was being escorted back to jail after being produced in court and in the occurrence SI Onkar Singh suffered fire arm injuries including wound at the base of neck/on left shoulder, yet keeping in view the fact that petitioner's co-accused Dinesh is also brother of Aditya sought to be rescued but could not be rescued, has been granted bail and the petitioner is on parity with Dinesh, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Faridabad. ( L.N. Mittal ) November 09, 2009 Judge 'dalbir'