Crl.Misc.No.M-22964 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.9.2010 Jagjit Singh son of Gurbachan Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Jagbir Singh Brar, Advocate for the petitioner. Mr.Shilesh Gupta, Dy. Advocate General, Punjab. M ehinder S ingh S ullar , J . (Oral) Having exercised his right of regular bail and lost in the Court of Session, petitioner Jagjit Singh son of Gurbachan Singh, has filed the present petition, for regular bail in a case registered against him, alongwith other co- accused, namely Mehnga Singh, Gurdeep Singh alias Rana and Kaka Singh, vide FIR No.132 dated 20.11.2009, on accusation of having committed the offence punishable under sections 148, 323, 355, 382, 427 and 458 read with section 149 IPC and sections 25 and 27 of Arms Act by the police of Police Station Sadar Dhuri, District Sangrur, invoking the provisions of section 439 Cr.PC. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the petitioner is entitled to regular bail in the instant case. 4. As is evident from the record that only allegations alleged against the petitioner are that he inflicted simple injury to the complainant Khusdev Singh with butt of his revolver. It is not a matter of dispute that the petitioner was arrested on 29.7.2010. Since then, he is in judicial custody. He is no longer Crl.Misc.No.M-22964 of 2010 2 required for further detention for any purpose. All the offences alleged against the petitioner are triable by the Court of Magistrate. As Mehnga Singh co-accused of the petitioner, was allowed regular bail by Sessions Judge, therefore, the petitioner is also entitled for regular bail under the same set of circumstances. Moreover, during the course of investigation, Kaka Singh accused was found innocent. The petitioner is a first offender. Since the police did not submit the challan, so the conclusion of trial would naturally take a long time. Above all, the basic rule is bail and not jail in such like cases. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of Chief Judicial Magistrate/or in his absence, Duty Magistrate, Sangrur. 7. The present petition is disposed of accordingly. 16.9.2010 (Mehinder Singh Sullar) AS Judge