Crl. Misc. No. M-26579 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26579 of 2010 (O&M) Date of Decision: September 29, 2010 Lakhbir Singh ........Petitioner Versus State of Punjab .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Rahul Bhargav, Advocate for Mr. G.B.S. Dhillon, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G. 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.32 dated 27.4.2008, under Sections 302,120-B,148,149 of Indian Penal Code and Section 25,27 of the Arms Act, 1959 registered at Police Station Nurpur Bedi, District Ropar. Learned counsel for the petitioner has submitted that although the petitioner is described to be armed with a kirpan at the time of the alleged occurrence but no injury has been attributed to the petitioner. The deceased had died due to gun shot injury. Petitioner is in custody since 29.4.2008. Learned State counsel, on the other hand, has opposed the petition. Crl. Misc. No. M-26579 of 2010 (O&M) 2 Keeping in view the fact that the petitioner is in custody since 29.4.2008 and as per the post mortem report there is no injury on the person of the deceased with a sharp edged weapon, 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, Rupnagar (SABINA) September 29, 2010 JUDGE Anand