Crl.M.No.33557-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.33557-M of 2010 Date of Order: 15.12.2010 Napinder Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.82 dated 17.7.2010 under Sections 307/341/382/34 IPC and Sections 25/27/54/59 of the Arms Act, P.S Amargarh, District Sangrur. It is submitted that as per allegations in the FIR, petitioner- accused Napinder Singh is attributed the role of raising a lalkara. However, after two days of lodging of the FIR, injured nephew of complainant, Gurpreet Singh has made a statement that accused Napinder Singh has caused an iron rod injury on the right foot and arm. Learned counsel submits that the prosecution has not believed the eye witness account of the complainant as after investigation it has put Zora Singh in column No.2 , who has since been discharged. It is further submitted that statement of the injured was taken two days after the incident with a view to falsely implicate the petitioner. It is also submitted that Crl.M.No.33557-M of 2010 #2# challan has already been presented and the petitioner is in custody since 17.7.2010. Learned state counsel, on instructions from HC Amrik Singh, concedes that the challan has been presented and the petitioner is in custody since 17.7.2010. He, however, further submits that .12 bore gun of the complainant-Nettar Singh allegedly taken away was also recovered from the petitioner. Without commenting upon merit of the case and taking into account the role of the petitioner as well as his custody period and the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur. December 15, 2010 ( JASWANT SINGH ) manoj JUDGE