Crl. Misc. No. M-35520 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-35520 of 2010 (O&M) Date of decision : 17.2.2011 Sukhdev Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Kuldeep V. Singh, Advocate for the petitioners. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioners under Sections 307, 325, 323, 148 & 149 IPC at Police Station Talwandi Sabo, District Bathinda, vide FIR No.131 dated 8th September, 2010. Pursuant to order dated January 18, 2011, affidavit of Sukhchain Singh Gill, Senior Superintendent of Police, Bathinda has been filed in court. The same is taken on record. It has been stated therein that instructions issued vide ADGP Crime letter No.2070-95/ CR/LA-1 dated 31st January, 2011, have been withdrawn and all the Commissioners of Police/Senior Superintendents of Police have been directed to ensure that investigating officers shall appear regularly before the High Court. The explanation given in the said affidavit is accepted. Learned counsel for the petitioner submits that petitioners Crl. Misc. No. M-35520 of 2010 2 were not named in the FIR. They were named in a supplementary statement of the complainant on the same day. According to learned counsel, all the injuries were initially attributed by the complainant to Nachhatar Singh, Malkiat Singh and Balkar Singh alias Kari Singh. He also submits that petitioners have been in custody since 18th September, 2010 and investigation of the case has been completed. Thus, no useful purpose will be served by detaining the petitioner in custody any longer. Learned State counsel (on the instructions from ASI Jaswinder Singh, who is present in court) has opposed the prayer for bail on the ground that the allegations against the petitioners are serious in nature. He, however, does not dispute the fact that challan has been presented before the competent court of jurisdiction and trial is in progress. Heard. Keeping in view the aforesaid contentions, the period of incarceration of the petitioners and the fact that the trial may take some time to conclude, I am of the considered view that no useful purpose will be served by detaining the petitioners in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioners are directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Bathinda. (RAJAN GUPTA) JUDGE 17.2.2011 'rajpal'