CRM-M-8386 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8386 of 2011 (O&M) Date of Decision: 05.08.2011 Harpreet Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.J.S.Dadwal, Advocate, for the petitioner. Mr.Vikas Malik, AAG, Haryana. Mr.S.S. Siao, Advocate, for the complainant. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.70 dated 9.6.2008 under Sections 302, 307, 326, 324, 506, 148 & 149 of the Indian Penal Code (for short ‘IPC’) at Police Station Raikot, Distt. Ludhiana, Punjab. The allegation against the petitioner is that he along with his brother Kuldeep Singh was armed with Kirpan and with other co-accused chased the deceased and the injured-complainant, who in order to save their lives entered in a shop but as per the allegation, the petitioner along with another co-accused closed the shutter and given severe beatings to the deceased and the injured inside the shop. The FIR has been registered by Sahib Singh, who has alleged that he was present on the scene of occurrence on 9.6.2008 at 7.30 PM with Harminder Singh when they were talking with each other in front of Punjab and Sind Bank. Learned counsel for the petitioner has submitted that the petitioner is in custody since 5.7.2008. He has also referred to the orders passed by this Court in respect of the other co-accused, who has been released on bail. He further CRM-M-8386 of 2011 (O&M) - 2 - submits that the trial is not making any headway and causing unnecessary incarceration of the petitioner in the custody. On the contrary, learned counsel for the State assisted by learned counsel for the complainant has submitted that the petitioner is one of the main co-accused, who has committed the murder and caused injuries to the injured and is facing trial in another two cases registered vide FIR No.35 of 2003 under Sections 307, 450, 335, 323, 324 & 336 IPC and Section 25, 27, 54 & 59 of he Arms Act at Police Station Hambra and FIR No.57 of 2004 under Sections 341, 323, 427 & 379 IPC at Police Station Sudhar. He also submits that the witnesses are yet to be examined and the next date in the Court below is 8.9.2011 for prosecution evidence. After taking into consideration the totality of circumstances, I do not find it to be a fit case for grant of bail. Hence, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) AUGUST 05, 2011 JUDGE Vivek