In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 9680 of 2009(O&M) Date of Decision:May 29, 2009 Baljinder Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Ritesh Pandey, Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Baljinder Singh-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) seeking regular bail in FIR No. 20 dated 19.5.2006 under Section 302, 34 of the Indian Penal Code registered at police station Dera Baba Nanak, District Gurdaspur. Allegation against the petitioner are that petitioner along with Lakhwinder Singh @ Lalli reached the spot and at the instance of the petitioner, Lakhwinder Singh @ Lalli gave a knife blow on the person of Jaswant Singh @ Rinku. As a result, Jaswant Singh @ Rinku later succumbed to his injuries. Crl. Misc. No. M- 9680 of 2009(O&M) Learned counsel for the petitioner has submitted that the petitioner is in custody since 20.5.2006. No injury was attributed to the petitioner. So far as no prosecution witness has been examined by the prosecution before the trial court. Learned State counsel, on the other hand, has opposed the bail petition. Keeping in view the facts that the petitioner is in custody for the last three years, so far as no prosecution witness has been examined and no specific injury is attributed to the petitioner, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner be released on regular bail subject to the satisfaction of Chief Judicial Magistrate, Gurdaspur. (SABINA) JUDGE May 29, 2009 PARAMJIT