Crl. Misc. No.M-27656 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-27656 of 2010 Date of decision: 27.10.2010 Amritpal alias Bonni .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.Liaqat Ali, Advocate, for the petitioner. Mr.A.P.S.Mann, Addl.A.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 17.02.2002 for the offences punishable under Sections 302 and 395 IPC. The FIR in the case has been registered on the complaint of Sukhjinder Singh. It is alleged by him that he had retired from Military and he does household work. On 16.07.2002, the younger brother of the complainant namely Darshan Singh, who resides outside the village in the fields along with his family was ill. The complainant was sleeping in the house of his brother Darshan Singh. At mid-night, he went to ease himself in the bathroom from the rear side of the house. Then 5-6 clean- shaved persons, who were armed with dangs and kirpans at that time entered in the house while scaling over the walls of the house. After entering the house, they inflicted injuries to the brother of the complainant, who was sleeping at that time and also to his sister-in-law (Bharjai). On seeing the occurrence, all of a sudden, the complainant got confused and Crl. Misc. No.M-27656 of 2010 ::2:: lost his consciousness. After regaining the consciousness, he saw that the above-said unknown persons whom the complainant could identify, if brought before him, had after inflicting injuries to his brother-Darshan Singh and his sister-in-law (Bharjai) Narinderpal Kaur and also his niece Amarjit Kaur, had stolen valuable items and cash. The complainant then called his elder brother-Harbans Singh and Sarpanch Kulwant Singh for getting Darshan Singh, Narinderpal Kaur and Amarjit Kaur admitted in the hospital. They were got admitted in C.M.C. Hospital, where the sister-in-law of the complainant namely Narinderpal Kaur died. The petitioner scaling over the walls of the house ran away. According to the learned counsel for the petitioner, the petitioner was arrested on 01.11.2003 in case FIR No.430 dated 01.11.2003, registered at Police Station Jodhewal, for the offences under Sections 399 and 402 IPC; besides, Section 25 of the Arms Act. He has been in custody for 7 years and during the period only 3 witnesses have been examined. In response, learned counsel for the State has submitted that the case involves serious offences. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is in custody for the last 7 years and only 3 witnesses have been examined till date. As many as 27 more witnesses remain to be examined. The trial in the case is likely to take time. The prosecution is to establish and prove its case. In the circumstances, it would be just and expedient, if the petitioner is granted bail on his furnishing heavy surety. Accordingly, the petitioner on his furnishing personal bonds and two heavy sureties and one of them being a local surety to the satisfaction of learned Chief Judicial Magistrate, Ludhiana, shall be Crl. Misc. No.M-27656 of 2010 ::3:: admitted to bail. The criminal miscellaneous petition stands disposed of. (S.S. SARON) JUDGE October 27, 2010 sukhpreet