Crl.M.No.21787-M of 2010(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.21787-M of 2010(O&M) Date of order: 1.10.2010 Narinder Singh ....Petitioner vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. G.S. Bhatia, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. Puneet Sharma, Advocate for the complainant-applicant. JASWANT SINGH, J (ORAL) Crl.M.No.44506 of 2010 This is an application filed by the complainant-Vijay Kumar Verma under Section 482 Cr.P.C for his impleadment as respondent No.2 in the petition. Notice of the application to the non-applicants. Sh. Gaurav Garg Dhuriwala, AAG, Punjab, who is present in court, accepts notice on behalf of the respondent-State, and Mr. G.S. Bhatia, Advocate, accepts notice on behalf of the petitioner. Counsel for the parties heard. For the reasons stated in the application, which is supported by an affidavit, the same is allowed. Applicant as mentioned in the application is ordered to be impleaded as respondent No.2 in the petition Registry to make necessary corrections in the memo of parties. Crl.M.No.21787-M of 2010(O&M) #2# Crl.M.No.44504 of 2010 Application filed by the complainant-respondent No.2 is allowed. Annexures R.2/1, R.2/2 and R.2/3 are taken on record. Crl.M.No.21787-M of 2010 Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.43 dated 20.4.2010 under Sections 307/382/324/325/323/452/148/149 IPC, P.S Nurpur Bedi. As per allegations in the FIR, petitioner alleged to be armed with a kirpan along with his co-accused entered the house of the complainant-Vijay Kumar Verma at 11.00 p.m and inflicted a blow on the head of the son-Maninder Singh of the complainant and another one on his right shoulder. The genesis of the occurrence is that the injured-Maninder Kumar during the day had removed a stone/Mile Stone from the street in front of the house of Charan Singh-father of the petitioner, as the same was causing obstruction in the movement of the vehicles. The same night, said Charan Singh along with his sons and other accomplices is alleged to have raided the house of the complainant party and inflicted injuries. Learned counsel for the petitioner states that both the injuries attributed to the petitioner have been described as simple one caused by a sharp weapon. He further states that the petitioner is in custody since 21.4.2010 and that the challan in the present case has been presented. Learned counsel for the complainant submits that during one of the hearings before the learned trial Court on 16.7.2010, petitioner along with his co-accused/brother Manjinder Singh, Jagat Singh and Satnam Crl.M.No.21787-M of 2010(O&M) #3# Singh threatened the complainant-Vijay Kumar Verma as also the Public Prosecutor and accordingly, a DDR entry was made on 5.8.2010. He submits that in view of such a situation, petitioner is not entitled to be released on bail. Learned state counsel, on instructions from ASI Sukhdev Sing, reiterates the argument raised on behalf of the complainant. Learned counsel for the petitioner points out that the learned Sub Divisional Magistrate, Anandpur Sahib vide order dated 24.9.2010 has discharged the petitioner and his co-accused in the afore mentioned DDR in respect of alleged occurrence of 16.7.2010, which was subject matter of investigation. Without expressing any opinion on the merit of the case and taking into account the custody period and that investigations are over and the trial is not likely to conclude in near future, I find that no useful purpose would be served to keep the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the ld. Chief Judicial Magistrate, Rupnagar. October 01, 2010 ( JASWANT SINGH ) manoj JUDGE