In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-313 of 2009 Date of decision: 18.2.2009 Surjit Singh @ Bobby ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.S.Paul, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Surjit Singh @ Bobby under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 88 dated 2.5.2000, under Sections 323, 325, 34 of the Indian Penal Code (“IPC” for short) and Section 3 (1) x) of the the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Ropar. Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.12.2008. Charge has been framed against the petitioner under Section 325 IPC on 17.2.2009. The co- accused had been convicted under Section 323/34 IPC vide judgment dated 22.12.2006 (Annexure P-2) and were ordered to be Criminal Misc. No.M-313 of 2009 -2- released on probation vide order of the even date by the Additional Sessions Judge, Rupnagar. Learned State counsel, on the other hand, has opposed the petition for bail. Keeping in view the fact that the petitioner is in custody since 24.12.2008 and the fact that his co-accused, who were convicted under Section 323/34 IPC, were released on probation, without expressing any opinion on the merits of the case, this petition is allowed. Accordingly, the petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Rupnagar. (SABINA) JUDGE February 18, 2009 anita