IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-8999 of 2011 Decided on 05.10.2011 Jashandeep Singh --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.APS Deol, Sr.Advocate, with Mr.Vishal Rattan Lamba, for the petitioner Mr.J.S.Brar,A.A.G, Punjab Mr.J.S.Mehndiratta,Advocate, for the complainant RAKESH KUMAR JAIN,J: (ORAL) This is a petition for bail pending trial in a case registered vide FIR No. 108 dated 07.10.2010, under Sections 302,148,149, 420, 468,471 of the IPC and 25/54/59 of Arms Act, at Police Station, Nehianwala. This case has been registered on the complaint of Varjinder Singh @ Jindi in respect of murder of his brother Hardarshan Singh @ Darshan Singh. Allegation in the FIR is that 3/4 young men who were in a car had fired at his younger brother and killed him at the spot and ran away. Learned counsel for the petitioner has submitted that the prosecution has examined four witnesses on 29.9.2011 and one PW Jaspal Singh was given up as having been won over. Statement of the complainant Varjinder Singh has been recorded as PW-2; Kulwant Singh as PW3 and Arvinderjit Singh as PW-4. Pws 2 and 3 are real brother of the deceased whereas PW-4 is his brother-in-law. CRM-M-8999 of 2011 -2- Learned counsel for the petitioner submits that the petitioner deserves the concession of bail as none of the alleged eye witnesses referred to above has supported the case of the prosecution as they have failed to identify the accused who allegedly committed the crime. He also submits that the petitioner is in custody since 09.10.2010. Mr.J.S.Mehndiratta, learned counsel for the complainant could not dispute the arguments raised by the learned counsel for the petitioner and has rather admitted that the prosecution has so far failed to prove their case before the trial Court. Rest of the witnesses to be examined are official/formal as the entire case was based upon the statements of the aforesaid witnesses who have already been examined. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observations on the merits, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. 05.10.2011 (Rakesh Kumar Jain) RR Judge