CRM No.M-25519 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-21.9.2010 Dilbagh Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Pardeep Bajaj, Advocate for the petitioner. Mr.Shilesh Gupta, D.A.G. Punjab. Mr.Avtar Singh Bhatti, Advocate for the complainant. M ehinder S ingh S ullar , J . (Oral) Having exercised his right of regular bail and lost in the Court of Session, petitioner Dilbagh Singh son of Inder Singh, has directed the present petition for regular bail in a case registered against him and his other co-accused, namely, Raj Kumar and Ishar Khan, vide FIR No.213 dated 1.7.2010, on accusation of having committed the offence punishable under sections 420, 448, 506 and 120-B IPC by the police of Police Station Focal Point, Ludhiana, invoking the provisions of section 439 Cr.PC. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after deep consideration of the matter, to my mind, the present petition deserves to be allowed in the obtaining circumstances of the case. 4. It is not a matter of dispute that the petitioner was arrested on 2.7.2010 and since then he is in judicial custody. He is no longer required to be further detained for any purpose. All the offences alleged against the petitioner are triable by the Court of Magistrate. The civil suit, pertaining to almost of the same subject matter, is pending between the parties. As charges have not yet been CRM No.M-25519 of 2010 2 framed against the petitioner, therefore, the conclusion of the trial will naturally take long time. There is no history of previous involvement of the petitioner in any such case. Moreover, the basic rule is bail and not jail in such like cases. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petitioner is entitled to regular bail in the present case. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on bail on his furnishing bail and surety bonds to the satisfaction of Chief Judicial Magistrate or in his absence the Duty Magistrate, Ludhiana. 7. The instant petition is disposed of accordingly. 21.9.2010 (Mehinder Singh Sullar) AS Judge