KIRPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) I have heard the learned counsel for the parties. The learned counsel for the State is not in a position to state before me as to what was the cause of death of Gurnam Singh. As per the contents of the first information report, he is alleged to have been given seven simple injuries by the petitioner and his co-accused. Out of these, one injury was on the head which, as per the opinion of the doctor, was fatal. It also not disputed by the learned counsel for the State that as a result of the examination of viscera of the deceased 32 gms of Aluminium Phosphate was found as one of its contents besides blood alcohol concentration.

(2.) THE bail has been denied to the petitioner by the trial Court on the ground that "at this stage it is not possible to say how far that evidence is going to be believed at the time of that need not be commented at this stage but suffice to say that it does not make out a befitting proposition for bail, particularly when the investigation is still going on." I do not think this was enough ground for the denial of bail to the petitioner. Without commenting anything further, lest it may prejudice the case of either side, I allow bail to the petitioner to the satisfaction of the Chief Judicial Magistrate, Ambala. Order accordingly.