In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-1325 of 2009 Date of decision: 24.2.2009 Baldev Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.DPS Kahlon, Advocate for Mr.GBS Dhillon, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Baldev Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 238 dated 23.9.2008, under Sections 302, 307, 34 of the Indian Penal Code, registered at Police Station Jagraon, District Ludhiana. As per the prosecution story, Bahadur Singh, Baldev Singh and Sukhwinder Singh were taking liquor together and were using abusing language to the employees of the liquor vend i.e. Ram Nath Tiwari and Sachia Nand Tiwari. In the meantime, Sukhwinder Singh had got provoked and hit Sachia Nand Tiwari in the chest with a kirch like weapon. He also gave a blow to Ram Nath Tiwari, who came to rescue Sachia Nand Tiwari, in his stomach. Thereafter, the petitioner took Sukhwinder Singh as a pillion rider on a motor cycle. Learned counsel for the petitioner has submitted that the petitioner was empty handed and was not attributed any injury on the person of the deceased or the injured. From the FIR itself, it was Criminal Misc. No.M-1325 of 2009 -2- evident that Sukhwinder Singh had got provoked and had inflicted injury on the person of the deceased as well as the injured. The petitioner did not share any common intention with the main accused Sukhwinder Singh. The petitioner is in custody since September, 2008. Learned State counsel, on the other hand, has opposed the bail petition. As per the prosecution case no injury or even a lalkara is attributed to the petitioner. Co-accused-Sukhwinder Singh got provoked while they were using abusive language to the employees of the liqour vend and he inflicted injury on the person of the deceased as well as the injured. The petitioner, however, took the main accused on his motor cycle after the occurrence. The fact that whether the petitioner had shared any common intention with his co- accused Sukhwinder Singh or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case and keeping in view the fact that the petitioner is in custody since September, 2008, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Ludhiana. (SABINA) February 24, 2009 JUDGE anita