Crl. Misc. No. M-32840 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32840 of 2010 (O&M) Date of Decision: November 19, 2010 Sajjan Singh ........Petitioner Versus State of Haryana .......Respondent ******* CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. S.S. Malik, Advocate, for the petitioner. Mr. S.S. Gauripuria, DAG, Haryana. Mr. R.S. Malik, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No.108 dated 6.4.2010, under Sections 148/149/302/307/323/216 of Indian Penal Code and Sections 25, 27 of the Arms Act, 1959, registered at Police Station Ganaur, District Sonepat. As per the prosecution case the petitioner was standing outside the place of occurrence and on noticing the quarrel, the petitioner fled away from the spot. Learned counsel for the petitioner has submitted that no overt act is attributed to the petitioner. In fact the petitioner on coming to know about the quarrel had allegedly left the spot. Petitioner is in custody since 28.8.2010. Crl. Misc. No. M-32840 of 2010 (O&M) 2 Learned State counsel , who is assisted by the learned counsel for the complainant, on the other hand, has opposed the petition. Keeping in view the fact that no overt act is attributed to the petitioner and rather as per the prosecution case the petitioner had left the spot on noticing the quarrel between the complainant party and the accused party and the fact that the petitioner is in custody since 28.8.2010, it would be just and expedient to release the petitioner on bail. Whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sonepat. (SABINA) November 19, 2010 JUDGE Anand