CRM-M No. 32646 of 2010 **** Harjit Singh Mehta vs. State of Punjab Present: Mr. Vikram Chaudhary, Advocate for the petitioner. Mr. Gazi Mohammad, DAG, Punjab. Mr. Deepinder Singh, Advocate for the complainant. **** This is a petition for regular bail filed in case bearing FIR No. 45 dated 05.04.2010, under Sections 302, 307, 323, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, registered at Police Station Dakha, District Ludhiana. As per the allegations the role against the petitioner is of having raised a Lalkara and having fired three shots in the air from a 12 bore gun which was handed over to him on his asking. Learned counsel for the petitioner has argued that the petitioner has now been in custody for more than one year and that it was on account of the allegations of intimidation that this application was adjourned on two or three occasions so that the injured witnesses could depose without fear. Admittedly main witnesses Jaswinder Singh, Jagmal Singh and Ambardeep Singh have since been examined. Learned counsel for the petitioner has also relied upon order dated 16.09.2010 passed in CRM-M No. 24593 of 2010 wherein Kuldeep Kaur, a co-accused who was attributed a Lalkara and the action of having brought out 0.315 bore rifle, had been granted bail. Learned counsel for the complainant has vehemently opposed the bail application arguing that it is not a simple case of Lalkara but also a case where the petitioner fired three shots in the air. CRM-M No. 32646 of 2010 -2- To a pointed question learned DAG, on instructions from SI Mohammad Jameel, has stated that no cartridges were recovered of 0.12 bore gun and the two cartridges which were recovered were found to be that of 0.315 bore rifle. It is also not disputed that out of 24 witnesses only 4 witnesses have been examined. In the circumstances, without going into the merits of the case, I deem it appropriate to grant the concession of bail to the petitioner. Bail to the satisfaction of the trial Court. ( AJAY TEWARI ) JUDGE April 05, 2011 sunita