IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-30877 of 2011 Date of decision : December 06, 2011 Baljit Singh @ Ballu and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. JBS Gill, Advocate, for the petitioners Mr. RS Rawat, Assistant Advocate General, Punjab L.N. Mittal, J. (Oral) Baljit Singh alias Ballu and Hardeep Singh alias Deepa have filed this petition for bail in a cross case registered vide DDR No. 30 dated 16.3.2010 under sections 148, 307, 326, 325, 324, 323/149 IPC, at Police Station Model Town, Hoshiarpur arising out of FIR No. 46 dated 16.3.2010 under sections 148, 307, 149, 120B IPC and section 25 of Arms Act of Police Station Model Town, Hoshiarpur. I have heard learned counsel for the parties and perused the case file. FIR was lodged by the side of the petitioners and cross version was lodged by the other side. Petitioners want bail in the cross version. Counsel for the petitioners contended that both the injured Manpreet Singh and Harpreet Singh have effected compromise and have Criminal Misc. No. M-30877 of 2011 -2- furnished affidavit Annexure P/2 mentioning that names of petitioner no. 2 and two others (non-petitioners) were mentioned due to misunderstanding while they did not cause any injury. The affidavit, however, does not pertain to petitioner no. 1. Counsel for the petitioners, however, referred to statement of Harpreet Singh recorded in the court wherein he stated that all the accused persons present in the Court were not the same persons who caused injuries to him and Manpreet Singh. It is also stated that Manpreet Singh has since gone abroad whereas all other material witnesses have been examined and have resiled. Petitioner no. 1 is in custody since 11.7.2011 i.e. for almost five months whereas petitioner no. 2 is in custody since 5.8.2011 i.e. for four months. Learned State counsel, on instructions from ASI Amarjit Singh, contended that petitioners were declared proclaimed offenders on 10.11.2010. Keeping in view all the circumstances but without expressing any opinion on the merits of the case, it is found to be a fit case where the petitioners should be extended the concession of bail particularly because there are cross cases and all the material witnesses except Manpreet Singh who has gone abroad have turned hostile in the instant cross case. Accordingly, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur. ( L.N. Mittal ) December 06, 2011 Judge 'dalbir'