In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-1738 of 2009
Date of decision: 18.3.2009
Sher Singh
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Ramesh Chahal, Advocate,
for the petitioner.
Mr.Sidharth Sarup, AAG, Haryana.
****
SABINA, J.
This petition has been filed by Sher Singh under Section
439 of the Code of Criminal Procedure for grant of regular bail in
case FIR No. 113 dated 3.6.2008, under Sections 302/ 307/ 323/
148/ 149 of the Indian Penal Code (‘IPC’ for short), registered at
Police Station Tauru, District Mewat.
The allegations against the petitioner are that he had
given pointed blows of lathi on the chest of dead body of the father of
the complainant.
Learned counsel for the petitioner has submitted that the
petitioner is in custody since 26.6.2008 and as per the postmortem
Criminal Misc. No.M-1738 of 2009 -2-
report the injuries on the person of the deceased were antemortem in
nature, whereas, the petitioner was alleged to have been given
postmortem injuries on the person of the deceased.
Learned State counsel, on the other hand, has opposed
this petition.
In the present case, the petitioner is in custody since
26.6.2008 and as per the allegations in the FIR, the petitioner had
allegedly given pointed blows of lathi on the chest of the dead body
of father of the complainant.
Accordingly, without expressing any opinion on the merits
of the case and keeping in view the period of custody of the
petitioner, this petition is allowed. The petitioner is ordered to be
admitted to bail subject to the satisfaction of learned Chief Judicial
Magistrate, Mewat.
(SABINA)
JUDGE
March 18, 2009
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