Alok Singh, J.@mdashThis is a petition seeking regular bail in case FIR No. 182, dated 29.09.2009, under Sections 302, 450, 323, 148, 149 of
the Indian Penal Code, registered at Police Station Civil Lines Batala, Police District Batala, District Gurdaspur.
2. Learned Counsel for the Petitioner states that deceased has received only simple injuries and role attributed to the Petitioner is that he has given
kick blows on the person of the deceased. Learned Counsel further states that in the present matter, doctor, who has conducted the post mortem,
has already been examined and cause of death is stated to be cardiac arrest.
3. Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on the instructions of ASI Satnam Singh, states that it is correct that cause
of death is cardiac arrest, however, he states that deceased suffered cardiac arrest because he was beaten by the accused party, therefore, even if
it is not a case of Section 302 IPC, then also it is a case of Section 304 IPC because accused were in the knowledge that deceased was a heart
patient.
4. Considering the totality of the facts and circumstances of the case, present petition is allowed. Let, Petitioner be released on bail to the
satisfaction of the learned Trial Court.
