In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-27045 of 2010 ..... Date of decision:1.11.2010 Manjinder Singh alias Sukhwinder Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. G.S. Kaura, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 4.8.2004 as detailed in the head note of the petition. Initially, the FIR No.141 dated 4.8.2004 was registered against the complainant-Inderjit Singh and other persons by Jasvir Singh alias Sira. During investigation of the said case, the present case has been registered against the petitioner. It is alleged that the petitioner and his co-accused gave injuries to the complainant-Inderjit Singh. The petitioner is sought to be prosecuted on the basis of the challan (Annexure-P.2) filed by the prosecution. According to the complainant-Inderjit Singh he is pursuing his M.Sc. from Khalsa College, Ludhiana. Sukhwinder Singh alias Panni was President of the Village Youth Club and was his friend. One day Cr. Misc. No.M-27045 of 2010 [2] Sukhwinder Singh informed the complainant-Inderjit Singh that they had built a new Gym in the village with the help of the Club and they were going to inaugurate the same on 9.8.2004. They were to prepare the ground with sand (Bharat) and they asked Inderjit Singh to come with 2/4 other boys. On saying this, the complainant along with Jitender Singh, Sandeep Kumar, Manoj Kumar and Sonu reached Village Bujurag at 3.00 p.m. on 3.8.2004 where the land was being filled. They took tea at the house of Arvinder Singh. Dalip Singh, resident of Bujurag had a cycle repair shop adjacent to the gate of Gurudwara Sahib which opened in the ground. The boys from the Club had asked Dalip Singh to remove/shift his shop from there. Dalip Singh took it that the boys had gathered there to remove his shop. Dalip Singh and his son Jasbir Singh; besides, Lakhbir Singh and other persons gathered there and they started throwing stones at the boys who were standing outside. On hearing the alarm, the complainant came outside on which they understood that these persons were with the boys who were standing outside. They chased them. At that time, Dalip Singh was holding a Kirpan in his hand. His son Jasvir Singh was armed with a Kirpan. Lakhbir Singh was armed with a Gandasi. They came there accompanied by Karam Singh, Surjit Singh and Jasvir Singh who were armed with sticks. Kulwinder Singh and Balwinder Singh were armed with iron rods. Nachhattar Singh, Lakhbir Singh and Sukhwinder Singh alias Manjinder Singh (petitioner) were armed with Gandasis. They caused injuries to the complainant side. No specific injury has been attributed to the petitioner in the fight that ensued. However, the petitioner was declared a proclaimed offender on 24.9.2008 and has been arrested on 8.4.2010 and Cr. Misc. No.M-27045 of 2010 [3] since then he is in custody. The prosecution has till date examined only one witness out of about 16 witnesses. It may be noticed that the petitioner had surrendered on 8.4.2010 and since then he is in custody. Learned counsel for the petitioner has submitted that the petitioner will not abscond in future, however, learned counsel for the State has submitted that he is likely to abscond as he has been absconding for about more than 1½ years. It may be noticed that the petitioner is in custody since 8.4.2010. The prosecution is to establish and prove its case by leading evidence. The trial in the case is likely to take time as only one witness has been examined till date. The case is triable by Judicial Magistrate of the Ist Class. No injury has been attributed to the petitioner. The fact that he had remained a proclaimed offender can be safeguarded by asking him to furnish two sureties for a heavy amount. Accordingly, the criminal miscellaneous petition is allowed. The petitioner on his furnishing personal bond and two heavy sureties to the satisfaction of the learned trial Magistrate shall be admitted to bail. The criminal miscellaneous petition stands disposed of. November 1, 2010. (S.S. Saron) Judge *hsp*