Crl. Misc.No.M 29583 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc.No.M 29583 of 2010 Date of Decision:-28.10.2010 Satnam Singh. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Gurbachan Singh Bhatia, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Puneet Sharma, Advocate for the Complainant. *** JASWANT SINGH, J(ORAL) Prayer is under section 439 Cr.PC for grant of regular bail to the petitioner in case bearing FIR No.43 dated 20.4.2010 registered under Sections 307, 382, 324, 325, 323, 452, 148 and 149 IPC(Section 450 IPC and Section 25 of Arms Act added later on in the Challan) registered with Police Station Nurpur Bedi. As per the allegations in the FIR petitioner is one of the unidentified persons allged to be armed with a kirpan and has been Crl. Misc.No.M 29583 of 2010 #2# attributed an injury on the head of Maninder Kumar son of complainant Vijay Kumar. Learned counsel states that except the aforesaid sole injury no other injury has been attributed and as per MLR of Maninder Kumar one injury has been found on his head which has been attributed to the petitioner and six other non-applicant co-accused. It is further submitted that the ground on which his earlier bail application was dismissed by this court vide order dated 12.8.2010(P5) no longer exists as SDM, Anandpur Sahib vide his order dated 24.9.2010(P6) has discharged the petitioner of the alleged incident. It is further stated that the petitioner is in custody since 4.5.2010. Learned State Counsel on instructions from ASI Sukhdev Singh concedes that with regard to the incident in DDR No.13 dated 5.8.2010 Police Station Anandpur Sahib which formed the basis of cancellation of earlier bail application of the petitioner by this court no longer exists as SDM Anandpur Sahib vide his order dated 24.9.2010 (P-6) has discharged the petitioner in the alleged incident. He further states that there are two injuries on the person of Maninder Kumar one on the head and other on the right hand little finger/index finger. As per the MLR injury on the head was simple whereas injury on the right hand index finger was opined to be grevious in nature. He further submits that the challan in the present case has been presented. Keeping in view the fact the custody of the the petitioner as well as the fact that the challan in the present case has been presented, I find no ground to keep the petitioner Satnam Singh behind the bar, as Crl. Misc.No.M 29583 of 2010 #3# such the present petition is allowed and petitioner Satnam Singh is ordered to be released on bail subject to the satisfaction of learned CJM/Duty Magistrate Roopnagar. ( JASWANT SINGH ) JUDGE 28th October, 2010 Vinay