IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc No. M-9379 of 2010 (O&M) Date of Decision: May 18, 2010 Saudagar Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.P.K.S.Phoolka, Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab Mr.Arun Abrol,Advocate for the complainant. Sabina, J. Petitioner-Saudagar Singh has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 141 dated 10.11.2009 under Section 392/307/379/34 IPC and Sections 25 of the Arms Act,1959 registered at Police Station Nathana, District Bathinda. The allegation against the petitioner is that he had handed over his fire arm to his co-accused, who has fired the same and that shot had hit left thigh near pelvic of the complainant-Gurmail Singh. Learned counsel for the petitioner has submitted that the revolver in question had been purchased by the petitioner after the alleged Crl.Misc No. M-9379 of 2010 (O&M) -2- occurrence. Learned counsel has placed reliance on Annexure P1, an application filed by Harjit Singh, previous owner of the 32 bore revolver to District Magistrate Moga for cancellation of ammunition license. Learned state counsel, who is assisted by the learned counsel for the complainant has opposed the petition. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Petitioner is in custody since 14.1.2010. The shot had not been fired by the petitioner and that had been fired by his co-accused-Manpreet Singh. The fact as to whether the petitioner was owner of the fire arm in question on the alleged day of occurrence would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion of the merits of the case this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Bathinda. ( Sabina ) Judge May 18, 2010 arya