Criminal Misc.-M No. 9789 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 9789 of 2011 (O&M) Date of decision: 9.11.2011 Mandeep Singh .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vikas Bahl, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial to the petitioner. Learned counsel for the petitioner submitted that in the FIR, there are allegations that the petitioner and one Jatinder Singh @ Nandu carrying fire-arms had attacked Karamjit Singh @ Kamba while he was running. There is only one injury on the head of Karamjit Singh @ Kamba, which is on the front side and cannot be caused from behind, while he was allegedly running. There is no opinion available till date as to whether that injury could be caused with the use of a fire-arm. The petitioner has been falsely implicated as in the FIR itself, it is stated by the complainant that Jatinder Singh @ Nandu was having enmity with him and he had fired at him. Recovery of pistol was also made from Jatinder Singh @ Nandu. The petitioner is in custody since 17.1.2011. The trial is not proceeding as examination-in-chief of one prosecution witness has only been recorded till date. Learned counsel for the State submitted that the petitioner has been specifically named. It is a case where all the accused named in the FIR had constituted an unlawful assembly with a common intention and caused fire-arm injuries to Karamjit Singh @ Kamba. However, he did not Criminal Misc.-M No. 9789 of 2011 [2] dispute the fact that there is no final opinion expressed by Forensic Science Laboratory, Punjab whether the bullet had touched the piece of skin taken from the head of the injured. He further did not dispute that only examination-in-chief of one of the prosecution witnesses has been recorded till date. After hearing learned counsel for the parties and considering the allegations against the petitioner in the FIR and also that there is only one injury suffered by Karamjit Singh @ Kamba allegedly with the use of fire-arm and there is no definite opinion as to whether that injury was caused with a fire-arm as the bullet had crossed his head by touching and also considering the period of custody of the petitioner, in my opinion, he deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jalandhar. The petition stands disposed of. (Rajesh Bindal) Judge 9.11.2011 mk