Crl. Misc No. M-13528 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-13528 of 2009 Date of decision : 02.12.2009 Harinder Singh @ Nindi and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Brar, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. Mr. Arun Takhi, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail to the petitioners in a case registered vide FIR No. 208 dated 16.10.2008 under Sections 148/307/326/450/324/323/149 IPC at Police Station Garhshankar, District Hoshiarpur. After arguing at some length, learned counsel for the petitioners submits that he does not press the instant petition in respect of petitioner No. 1 Harinder Singh at this stage. Dismissed as not pressed qua petitioner No. 1. As regards petitioner No. 2, learned counsel for the petitioners contends that injury which has been declared dangerous to life is not attributed to petitioner No. 2. According to the counsel, petitioner No. 2/ Crl. Misc No. M-13528 of 2009 2 Tirath Singh has been in custody since 23.11.2008. Learned counsel for the petitioners submits that trial is yet to commence, thus, no useful purpose would be served by detaining the petitioner No. 2 in custody during its pendency. Learned counsel for the State has, however, opposed the prayer for bail on the ground that allegations against petitioner No. 2 are serious in nature as two grievous injuries have been attributed to him. However, keeping in view the fact that injury which has been declared dangerous to life is not attributed to petitioner No. 2 and taking into consideration the period of detention already suffered by him and the fact that trial may take some time to conclude, I deem it appropriate to grant regular bail to the petitioner. Without expressing any opinion on the merits of the case at this stage, the petition is allowed qua petitioner No. 2 and he is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur. 02.12.2009 (RAJAN GUPTA) Ajay JUDGE