In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 1907 of 2009 Date of Decision:February 16, 2009 Bachan Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Rahul Sharma,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Bachan Singh -petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of regular bail in FIR No. 56 dated 5.6.2008 under Sections 302, 307, 326, 324, 323, 452, 506, 201, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act, 1959, registered at Police Station Bhadson, District Patiala. Prosecution story, in brief, is that on 5.6.2008 at about 10.00 a.m., petitioner along with his co accused formed an unlawful assembly. Jagtar Singh @ Basu fired shorts from his pistol which resulted into the death of Gurcharan Singh and Chamkaur Singh. Learned counsel for the petitioner has submitted that the injury attributed to the petitioner was on the person of Jagroop Singh. Both the Crl. Misc. No. M- 1907 of 2009 -2- injuries were opined to be simple in nature. Petitioner is in custody since 18.6.2008. Learned State counsel on the other hand, has opposed the bail application. The injuries attributed to the petitioner are on the person of Jagroop Singh-injured and the same were opined to be simple in nature. The fact as to whether the petitioner shared a common intention with the main accused-Jagtar Singh would more appropriately be gone into and considered during trial. Keeping in view the fact that the petitioner is in custody since 18.6.2008 and without expressing any opinion on the merits of this case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Patiala. (SABINA) JUDGE February 16, 2009 PARAMJIT