Crl.Misc.No.M-24405 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.9.2010 Sharanjit Singh alias Sunny ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Rohit Mahajan, Advocate for the petitioner. Mr.Shilesh Gupta, Dy. Advocate General, Punjab. M ehinder S ingh S ullar , J . (Oral) Having exercised his right of bail and lost in the Court of Session, petitioner Sharanjit Singh alias Sunny son of Lal Singh, has filed the present petition for regular bail in a case registered against him, vide FIR No.70 dated 28.6.2010, on accusation of having committed the offence punishable under sections 406, 420 and 120-B IPC by the police of Police Station Sudhar, District Ludhiana Rural, invoking the provisions of section 439 Cr.PC. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the petitioner is entitled to regular bail in the instant case. 4. It is not a matter of dispute that all the offences, alleged against the petitioner, are triable by the Court of Magistrate. The petitioner was arrested on 28.6.2010. Since then, he is in judicial custody. He is no longer required for further detention for any purpose. Even as the charge has not yet been framed against the petitioner, therefore, the conclusion of trial would naturally take long time. The petitioner is a first offender and he performed his marriage with Krishna Devi. The Crl.Misc.No.M-24405 of 2010 2 present case was registered on the statement of Avtar Singh, who is stated to be a political person. No person from the victim's family raised any accusing finger and lodged the report against the petitioner in this regard. All the offences alleged against the petitioner are triable by the Court of Magistrate. There is no previous history of involvement of the petitioner in any such case. Moreover, the basic rule is bail and not jail in such like cases. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of Chief Judicial Magistrate/or in his absence, Duty Magistrate, Ludhiana. 7. The present petition is disposed of accordingly. 16.9.2010 (Mehinder Singh Sullar) AS Judge