Criminal Misc. No. M-23297 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23297 of 2009 (O&M) Date of decision: 19.11.2009 Sarabjit Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. B. S. Jaswal, Advocate for the petitioner. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. Mr. APS Deol, Senior Advocate with Mr. Davinderbir Singh, Advocate for the complainant. ... Rajesh Bindal J. Prayer in the petition is for grant of regular bail to the petitioner in FIR No. 188 dated 26.10.2008, registered under Sections 302, 307, 323, 148, 149, 120-B IPC and 25, 27, 54 and 59 of the Arms Act, Police Station, Sadar, Faridkot. The petitioner is in custody since 30.10.2008. Learned counsel for the petitioner submitted that it is a case in which one person died and two were injured on the complainant side, whereas even on the side of the accused, three persons were injured. In fact, the complainant party was the aggressor. As on today, 12 persons are in custody, whereas even as per the allegations in the FIR, the deceased died on account of one single gun shot injury attributed to Jaswinder Singh, who is in custody, or at the most a gun shot injury has been attributed to Dhira Singh, who is Proclaimed Offender. Though the petitioner has been named in the FIR, but no injury has been attributed to him. It is only in the supplementary statement of one of the injured that he has been attributed one Gandasi blow from reverse side on the thigh of the injured. Considering the period of custody and the fact that the trial is going to take long time as only two out of 39 prosecution witnesses have been recorded, the petitioner deserves the concession of bail. On the other hand, learned counsel for the respondents submitted that Criminal Misc. No. M-23297 of 2009 [2] considering the fact that one person has expired and two persons have suffered serious injuries and the statement of one of the injured is yet to be recorded, the petitioner does not deserve the concession of bail. However, the fact that the injury attributed to the petitioner was found to be simple in nature is not denied. After hearing learned counsel for the parties and considering the period the petitioner is in custody and also that the injury attributed to him was found to be simple in nature and the trial may take long time, it is directed that pending trial the petitioner shall be released on bail on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Faridkot. The petition stands disposed of. (Rajesh Bindal) Judge 19.11.2009 mk