Criminal Misc.-M No. 28768 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 28768 of 2011 (O&M) Date of decision: 21.11.2011 Kashmir .. Petitioner Vs. Ram Phal .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. P. S. Chauhan, Advocate for the petitioner. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial to the petitioner in complaint No. 336-1 dated 24.12.2009 pending in the court of Sub Divisional Judicial Magistrate, Hansi. Learned counsel for the petitioner submitted that for the same incident, which allegedly took place on 17.7.2008, the respondent- complainant got FIR No. 226 registered on 19.7.2008. The petitioner was taken into custody in that case and was released on regular bail after 40 days. To improve the earlier version, the respondent filed the complaint in question on 24.12.2009, in which the petitioner was summoned to face trial. He was arrested on 8.8.2011 and is in custody since then. The submission is that once there is FIR registered for the same occurrence, there was no question of entertainment of a private complaint. Even if that was to be entertained, the trial of the FIR as well as the complaint arising out of the same incident should have been conducted together. Trial in the FIR is listed for 16.12.2011 and in the complaint, the date of hearing is 2.12.2011. Even the application filed by the complainant for clubbing both the cases is also pending. Notice in the petition was issued. Service of the respondent- complainant is complete. However, no one has appeared for him. Criminal Misc.-M No. 28768 of 2011 [2] After hearing learned counsel for the petitioner and considering the fact that in the FIR got registered by the complainant for the same incident, the petitioner was arrested and released on regular bail; the complaint in question was filed more than one year and five months after the date of alleged incident in which the petitioner was arrested on 8.8.2011 and is in custody since then, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of the learned court below. The learned court below shall also consider the desirability of clubbing of trial of FIR and the complaint on the date when the application for the purpose is listed before it. The petition stands disposed of. (Rajesh Bindal) Judge 21.11.2011 mk