In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. 4533 of 2011 Date of Decision: March 03, 2011 Nahar Singh ---Petitioner versus State of Punjab ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.DPS Kahlon, Advocate, for the petitioner Mr. P.S.Bajwa, Deputy Advocate General, Punjab *** GURDEV SINGH, J. Heard. The petitioner-accused, Nahar Singh, has filed this petition under Section 439(1) of the Code of Criminal Procedure for grant of bail for the offences under Sections 307, 336, 447, 148, 149 IPC read with Section 25 of the Arms Act, 1959, in respect of which FIR No. 28 dated 2.3.2010 was registered in Police Station Baghapurana, District Moga. The accusation against him is that he fired a shot at Jagjit Singh with intention to kill him and the same hit on his head and face. This petition has been pressed on the ground that one year has already passed since the arrest of the accused and still no witness has been examined by the prosecution Crl. Misc. No. 4533 of 2011 -2- and that he is having hemoglobin 6.7 gms. and that 30 units of blood have already been transfused and that he is also suffering from acute piles. Copies of the documents have been annexed with the petition regarding the fact that the petitioner is suffering from piles and has got very little hemoglobin and that the blood was transfused to him. He is coming in custody from the last one year and the prosecution has not made any effort to conclude the trial. If the contention of the counsel for the petitioner is correct, it has not examined even a single witness so far. The period of detention of the accused is one of the factors for making an order releasing him on bail. Keeping in view the above said facts and without expressing any opinion on the merits of the case, the petitioner is ordered to be released on bail to the satisfaction of the trial court subject to the following conditions:- (i)He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii)He shall not leave the limits of this country without prior permission of the Court. (GURDEV SINGH) JUDGE March 03, 2011 PARAMJIT