Crl. Misc. No. M-29748 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29748 of 2010 (O&M) Date of Decision: November 10, 2010 Harninder Singh @ Kaka Brar ........Petitioner Versus State of Punjab .......Respondent ******* CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. G.S. Kaura, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.30 dated 27.07.2010, under Sections 323,325,341,307,120-B,148,140 of Indian Penal Code (in short 'IPC') and 25, 27 of the Arms Act, 1959, registered at Police Station Smalsar, District Moga. Learned counsel for the petitioner has submitted that challan has not been presented for an offence under Section 307 IPC. Petitioner is not attributed any injury. Petitioner is in custody since 9.8.2010. Learned State counsel, on the other hand, has opposed the petition. Keeping in view the fact that the petitioner is in custody since 9.8.2010 and now challan has not been presented for an offence under Crl. Misc. No. M-29748 of 2010 (O&M) 2 Section 307 IPC, it would be just and expedient to release the petitioner on bail. Whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Moga. (SABINA) November 10, 2010 JUDGE Anand