IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.16774-M of 2008 DATE OF DECISION : SEPTEMBER 29, 2008 MAGHAR SINGH ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SPS Sidhu, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. Ms. Anju Arora, Advocate, for the complainant. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, seeks bail in FIR No.260 dated 9.8.2006 under Sections 302, 34, 120-B, Indian Penal Code, and Sections 25/27 of the Arms Act, Police Station, Baghapurana, District Moga. Learned counsel for the petitioner contends that no overt act has been attributed to the petitioner. No injury was caused to the deceased. So much so, the petitioner, admittedly, was not even armed. All the material witnesses/eye witnesses have been examined and, therefore, there is no chance of interfering with the trial or intimidating the witnesses. Learned counsel for the respondent-State has not disputed these facts. Criminal Misc.16774-M of 2008 2 I have considered the contentions. Co-accused Pal Singh has been attributed a gun shot fire on the person of Nachhatar Singh, brother of the complainant. Even the FIR does not disclose that the petitioner was armed. No overt act has been attributed to the petitioner. As per the statement of the learned counsel for the petitioner, all the material witnesses have been examined. The petition is allowed. Bail to the satisfaction of trial Court. September 29, 2008 ( AJAI LAMBA ) Kang JUDGE