Crl.M.No.35742-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.35742-M of 2010 Date of Order: 22.12.2010 Dharampal @ Raju .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Gaurav Bhayyia, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.87 dated 14.9.2010 under Sections 452/326/323/506/34 IPC, P.S Daba, District Ludhiana. As per allegations in the FIR, petitioner-Dharampal is alleged to have accompanied his co-accused brother Karamjit Singh @ Nikka and cousin Pinder and another cousin Chhotu to the house of the complainant on 11.9.2010 at 2.30 p.m. They are alleged to have inflicted injuries to complainant-Gurmukh Singh. Petitioner has been attributed an injury in the back side of the left shoulder of the complainant. Learned counsel submits that in the FIR, co-accused Pinder is alleged to have been armed with a datar and the same datar in turn has been used by rest of the three accused for inflicting injuries on the complainant. It is submitted that the story in the FIR, as stated appears to be highly improbable and that in any case, the injury attributed to the petitioner is Crl.M.No.35742-M of 2010 #2# stated to be simple in nature and on non-vital part. It is also submitted that the petitioner is in custody since 27.9.2010. Learned state counsel, on instructions from HC Dharam Pal, states that challan is yet to be presented and that investigations qua the petitioner are over. Without commenting upon merit of the case and taking into account the role attributed to the petitioner as well as his custody period and the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping 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 learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. December 22, 2010 ( JASWANT SINGH ) manoj JUDGE