Criminal Misc. No. M-2573 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-2573 of 2009 Date of Decision: 24.2.2009 Gurdeep Singh alias Babbu …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. T.S. Sangha, Senior Advocate with Mr. H.S. Sangha, Advocate for the petitioner. Mr. Sartaj Singh Brar, Deputy Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioner has relied upon Criminal Misc. No. 18433-M of 2008 wherein a Co-ordinate Bench of this Court has granted regular bail to Bhola Singh alias Jarnail Singh and Jasvir Singh alias Kaka Singh. The order passed in favour of those petitioners read as under:- “This petition under Section 439 of the Code of Criminal Procedure, for grant of regular bail, in case FIR No. 336 dated 30.04.2008, under Sections 148, and 302 read with Section 149 of the Indian Penal Code, and 25/27 of the Arms Act, Police Station Kotwali Bathinda, District Bathinda, Criminal Misc. No. M-2573 of 2009 2 has been filed by Bhola Singh alias Jarnail Singh and Jasvir Singh alias Kaka, accused, which was registered against them, and their co-accused, on the allegations, that they were members of an unlawful assembly and armed with deadly weapons, committed the murder of Sohan Singh, by causing injuries on his person. 2. The counsel for the petitioners, submitted that no injury was attributed to the accused- petitioners, in the alleged commission of crime. He further submitted that they were not named in the First Information Report, but lateron, the brother of the deceased named them, in his statement. He further submitted that no identification parade of the accused to pin-point their identity, during the course of investigation, was held. He further submitted that the accused-petitioners have been in custody since May 2008. 3. On the other hand, the counsel for the respondent submitted that the petitioners were the members of an unlawful assembly, the common object whereof, was to cause the death of Sohan Singh. He further submitted that the petitioners were, thus, equally responsible for the role played by the other co-accused, who caused injuries on the person of the deceased. He further submitted that Criminal Misc. No. M-2573 of 2009 3 accused-petitioners are not entitled to bail. 4. After giving my thoughtful consideration, to the rival contentions, raised by the counsel for the parties, in my opinion, it is a fit case, in which bail should be granted, to the Petitioners, for the reasons to be recorded hereinafter. No injury was attributed to the accused-petitioners. Their identity, as the alleged perpetrators of crime, is yet to be finally established. There is nothing on record, to show that the accused-petitioners will abscond, tamper with the evidence, or influence the witnesses, in case, released on bail. The accused-petitioners have been in custody since May 2008. No useful purpose shall be served by keeping the accused, in custody, any longer. Accordingly, the accused-petitioners are ordered to be released on bail to the satisfaction of CJM/Duty Magistrate, Bathinda”. Counsel for the Petitioner has also drawn my attention to Criminal Misc. No. M-29755 of 2008 wherein accused Kalu alias Davinder Singh was granted regular bail. Mr. Gill, on instructions from Gurcharan Singh, Sub Inspector, states that petitioner though armed with danda has caused no injury. Petitioner was not named in the FIR. His name had surfaced during investigation. Petitioner is in custody since September 2008. Role of the petition cannot be distinguished from the persons who have been already granted regular bail by the Co-ordinate Bench of this Court. Criminal Misc. No. M-2573 of 2009 4 Hence, the present petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Batinda. (Kanwaljit Singh Ahluwalia) Judge February 24, 2009 “DK”