IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision : February 26, 2009
1. Criminal Misc. -M No. 27502 of 2008 (O&M)
Kali Masih and another versus State of Punjab
2. Criminal Misc. -M No. 29665 of 2008 (O&M)
Ramesh Masih versus State of Punjab
3. Criminal Misc. -M No. 29667 of 2008 (O&M)
Rakesh Masih versus State of Punjab
Coram: Hon'ble Mr. Justice Pritam Pal
Present : Mr. AS Manaise, Advocate for Kali Masih and
Bunty Masih petitioners
Mr. Vipin Mahajan, Advocate for Ramesh Masih and
Rakesh Masih petitioners
Mr. KD Sachdeva, DAG Punjab
Pritam Pal,J. (Oral)
Petitioners have brought the aforesaid petitions under section
439 of Code of Criminal Procedure for seeking regular bail in one and the
same FIR No. 128 dated 9.9.2008 under sections 307, 279, 353, 186, 148,
149 IPC read with sections 25, 54, 59 of Arms Act registered at Police
Station Sadar Gurdaspur. Therefore, they are being disposed of together
by this common order.
As per the allegations, the petitioners who were sitting in the
truck had tried to kill the police personnel who were sitting on the road side
by hitting the truck against them. Admittedly, no injury was caused to any
Criminal Misc. -M No. 27502 of 2008 (O&M) -3-
of the police official. All the petitioners are in custody since 9.9.2008.
Challan has already been presented. The prosecution evidence in this case
is yet to be recorded. Thus, trial is likely to take a long time.
In the given facts and circumstances and without commenting
on the merits of this case, all the petitioners are ordered to be released on
bail on their furnishing bail/surety bonds to the satisfaction of the trial
court.
All the three Criminal Misc. petitions are disposed of.
( Pritam Pal )
February 26 2009 Judge
'dalbir'