IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-22512 of 2010 Date of decision: 19.4.2011. Balwinder Singh alias Nikka .....Petitioner versus State of Punjab ...Respondent Present: Mr.K.L.Chaudhary, Advocate for the petitioner. Mr.T.S.Salana, DAG, Punjab. S.S.SARON, J. Heard learned counsel for the parties. In the incident that occurred on 10.7.2007, FIR No.90 dated 11.7.2007 was registered at Police Station Raja Sansi, District Amritsar for the offences under Sections 302,307,382,148 and 149 IPC, besides, sections 25 and 27 of the Arms Act, 1959. The petitioner was not arraigned as an accused in the FIR However, in the supplementary statement of Anoop Singh it was inter alia stated that Balwinder Singh @ Nikka(petitioner) had snatched the 12 bore double barrel gun of Gurpartap Singh and fired towards Amritpal Singh hitting him on his right knee. This Court earlier vide orders dated 10.12.2008 (Annexure P.3), 31.7.2009 (Annexure P.4) and 15.3.2010 passed in Criminal Miscellaneous No.M- 35709 of 2009 has declined bail to the petitioner. In the incident that had occurred two persons,namely,Sarup Singh and Kewal Singh were murdered. Sukhjinder Singh alias Sonu who is stated to have fired at Sarup Singh, which resulted in his death has been granted regular bail by the Supreme Court vide order dated 13.1.2011 Annexure P.5). In the said order dated 13.1.2011(Annexure P.5), it has been observed by the Supreme Court that the second person, who is alleged to have fired at the deceased and was later summoned under Crl. Misc. No.M-22512 of 2010 -2- under section 319 CrPC has been granted bail, leaving the petitioner, one of the co-accused, in custody since 20.8.2007. It was observed that out of 31 witnesses, only three witnesses had been examined. The petitioner is in custody since 7.9.2007. It is stated on instructions by the learned counsel for the State that out of 24 witnesses cited by the prosecution only 5 witnesses have been examined. The trial in the case is, therefore, likely to take time. The petitioner is not alleged to have fired at any of the deceased Sarup Singh and Kewal Singh. The petitioner it has been alleged snatched the 12 bore double barrel gun from Gurpartap Singh and fired at Amritpal Singh hitting him on his knee. Sukhjinder Singh alias Sonu who fired at Sarup Singh which resulted in his death has been granted bail by the Supreme Court. Therefore, even though the applications of the petitioner for the grant of regular bail have been declined earlier, it would be just and expedient at this stage in the facts and circumstances of the case to grant him the concession of bail. Accordingly, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Amritsar shall be admitted to bail. The criminal miscellaneous petition stands disposed of. April 19, 2011 (S.S.Saron) kd Judge