In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-4074 of 2009 Date of decision: 25.2.2009 Gurmail Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.HNS Gill, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Gurmail Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 9 dated 8.2.2002, under Sections 323, 324, 325, 326, 148 and 149 of the Indian Penal Code, registered at Police Station Chamkaur Sahib District Ropar. As per the allegations made in the FIR, the petitioner had given kirpan blow on the right biceps of the complainant. Learned counsel for the petitioner has submitted that the petitioner was declared a proclaimed offender on 30.8.2007. Co- accused, who had faced the trial, had been acquitted of the charge framed against them by the trial Court vide judgment dated 15.12.2008 (Annexure P-1). It was a case of cross-version. The complainant party was also acquitted of the charge framed against Criminal Misc. No.M-4074 of 2009 -2- them by the trial Court vide judgment dated 15.12.2008 (Annexure P- 2). The petitioner is in custody since 4.1.2009. Learned State counsel, on the other hand, has opposed this petition and has submitted that the petitioner had absented on 26.6.2006 and was declared a proclaimed offender on 30.8.2007. The petitioner was re-arrested on 4.1.2009. It is a case of cross-version. Co-accused as well as the complainant party in the cross-case have been acquitted by the trial Court. Accordingly, without expressing any opinion on the merits of the case and keeping in view the fact that the petitioner is in custody since 4.1.2009, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Rupnagar. (SABINA) JUDGE February 25, 2009 anita