IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13388 of 2009. Date of Decision : July 01, 2009. Deepak Chawla son of Om Parkash, aged about 19 years, resident of Bhagta Bhai Ka, Tehsil Phul, District Bathinda. (Now confined in Central Jail, Bathinda.). ...... Petitioner. Versus. State of Punjab. ..... Respondent. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. T.S. Sangha, Senior Advocate, with Mr. H.S. Sangha, Advocate, for the petitioner. Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the State. Mr. Rohit Kapoor, Advocate, for the complainant. . AUGUSTINE GEORGE MASIH, J. (ORAL). The present application has been moved by the petitioner for grant of regular bail. It is the contention of counsel for the petitioner that the petitioner has been attributed injury with a Dah on the head of Heera Singh. As per medical report, there is no fracture and only a lacerated wound has been found on the head of Heera Singh. He submits that the case is fixed for prosecution evidence on 07.08.2009 and earlier also on 05.06.2009, none of the prosecution witness was present. Counsel for the petitioner further submits that it would be a moot point as to whether Section 307 I.P.C. would be made out in the present case, which would be de dependent upon the evidence led by the prosecution before the trial court. He further submits that the petitioner is in custody since 24.12.2008 and has already been in custody for more than six months. In the light of this, he prays for release of the petitioner on bail. Criminal Misc. No. M-13388 of 2009. Counsel for the State accepts the position with regard to petitioner being in custody from 24.12.2008 onwards nor does he dispute the fact that there is no fracture on the head. He further submits that the Dah has been recovered from the petitioner and he has also been attributed to have pulled out a pistol from his waste with an intention to kill Heera Singh. Counsel for the complainant also supports the submissions made by counsel for the State and further submits that since the injury attributed to the victim is fatal, therefore, he should not be released on bail at this stage. I have heard counsel for the parties and have gone through the records of the case. It is not in dispute that the petitioner is in custody since 24.12.2008. It is also not in dispute that no fracture has been found on the head of the victim and only lacerated wound has been found and the challan has already been present and charges have also been framed and the case is fixed for prosecution evidence on 07.08.2009 and no prosecution witness has yet been examined. Keeping in view the fact that the petitioner is a 19 years old young boy and also in view of the fact that he is in custody since last more than six months and the trial is not likely to be concluded soon, the petitioner is directed to be released on bail subject to furnishing of security / bonds to the satisfaction of C.J.M./Duty Magistrate, Bathinda. The petition stands disposed of in above terms. (AUGUSTINE GEORGE MASIH) JUDGE July 01, 2009. sjks. -2-