In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 30291 of 2008 Date of Decision:February 04, 2009 Sukhpal Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.A.P.S.Deol, Senior Advocate with Mr. Daldeep Singh, Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab Mr.D.P.S.Kahlon, Advocate, for the complainant *** SABINA, J. Petitioner-Sukhpal Singh has filed this petition under Section 439 Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C') for grant of bail in FIR No. 58 dated 20.4.2008 under Sections 307/34/120-B of the Indian Penal Code registered at Police Station Budhlada District Mansa. The allegation against the petitioner is that he has raised a lalkara exhorting Rajinder Singh to teach a lesson to Gurcharan Singh. Thereafter, Rajinder Singh gave a gandasa blow on the head of Gurcharan Singh. Crl. Misc. No. M- 30291 of 2008 -2-` Learned counsel for the petitioner has submitted that the petitioner was in custody since 2.11.2008 and only lalkara is attributed to him. Learned State counsel as well as learned counsel for the complainant have opposed the bail application. As per the prosecution case, the petitioner has exhorted Rajinder Singh to inflict injury on the person of Gurcharan Singh. As a result of this, Rajinder Singh gave a gandasa blow on the head of Gurcharan Singh. Since no injury is attributed to the petitioner, the fact whether he was present at the spot or not would more appropriately be gone into and considered during trial. Keeping in view the fact that the petitioner is in custody since 2.11.2008 and only lalkara is attributed to him, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Mansa. (SABINA) JUDGE February 04, 2009 PARAMJIT