CRM No.M-29764 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-19.11.2010 Gurwaryam Singh son of Lakha Singh ...Petitioner Versus The State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Malkeet Singh, Advocate for the petitioner. Mr.Jaspreet Singh, Assistant Advocate General, Punjab. M ehinder S ingh S ullar , J . (Oral) Invoking the provisions of section 439 Cr.PC, petitioner Gurwaryam Singh son of Lakha Singh, has filed the present petition for regular bail in a case registered against him alongwith his other 11 co-accused, by way of FIR No.59 dated 12.6.2010, on accusation of having committed the offences punishable under sections 148, 302, 307, 323 and 324 read with section 149 IPC and sections 25 and 27 of the Arms Act, by the police of Police Station Bhikhiwind, Distt.Tarn Taran. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter, to my mind, the present petition deserves to be accepted in this regard. 4. It is not a matter of dispute that the petitioner inflicted single simple injury on the left arm of PW Balbir Kaur. No other specific role or overt act is attributed to him. The learned State counsel, on instructions from SI Tarlok Singh, has acknowledged that the two accused, namely, Pargat Singh and Gurpreet Singh, were found innocent during the course of investigation. The injuries on the person of the deceased were assigned to Harjinder Singh alias Jinda, main accused. CRM No.M-29764 of 2010 2 5. What is not disputed here is that the petitioner also suffered injuries in the present incident, which is clear from MLR (Annexure P1). That means, it is a case of cross version. Which of the parties was the aggressor, would be the moot point to be decided during the course of trial by the trial Court. The petitioner was arrested on 17.6.2010 and since then he is in judicial custody. No useful purpose would be served for further detaining him in jail. As even the charges have not yet been framed against the accused, therefore, conclusion of trial will naturally take long time. Moreover, there is no history of previous involvement of the petitioner in any such case. 6. Therefore, taking into consideration the fact that petitioner did not cause any injury to the deceased, he is alleged to have given only one simple injury to PW Balbir Kaur and the totality of other facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, to me, the present petitioner is entitled to regular bail in the obtaining circumstances of the instant case. 7. In the light of the aforesaid reasons, the petition for regular bail is hereby accepted and the present petitioner is directed to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court. 19.11.2010 (Mehinder Singh Sullar) AS Judge