IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 25557 of 2010(O&M) Date of Decision: October 8, 2010. Dharam Singh ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) Present: Mr. R.S.Rai, Sr.Advocate with Mr. Deepinder Brar, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. Mr. Prem Singh Bhangu, Advocate for the complainant. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR No.105 dated 13.09.2008, registered under Sections 302/452/148/149 IPC, registered at Police Station Lehra, District Sangrur. I have heard learned counsel for the parties and gone through the record. CRM No.M-25557 of 2010 It has been submitted by the learned counsel for the petitioner that he has been continuing in custody since 08.02.2010. Further submits that petitioner was found innocent by the police and was not challaned and however, he has been summoned later on pursuant to application under Section 319 Cr.P.C. by the Court. Further contends that only role attributed to him is that he alongwith co-accused, Sher Singh caught hold of the deceased while co-accused caused injuries to deceased resulting in his death. Further contends that complainant has stated in his statement that name of petitioner-accused was told to him by father-in-law, Bhag Singh. Further contends that Sher Singh, who was challaned by the police has been released on bail by this court. Hence, it is contended that case of present petitioner- accused is on better footing than Sher Singh. Bail application has been opposed by learned counsel for the state and learned counsel for the complainant on the plea that earlier bail application of the petitioner has been dismissed on merit on 20.05.2010 and that Sher Singh was granted bail when he had been continuing in custody for the last one year. I have considered all the facts and circumstances of the case. Earlier bail application of the petitioner was dismissed as the same was filed just after three months of the custody and however, now petitioner-accused is in custody for the last eight months. It has been stated by learned counsel for the State that only three witnesses have been examined so far and hence, trial is not likely to be concluded in near future. There is force in the argument of learned counsel for the petitioner that case of present petitioner is on better footing than Sher Singh 2 CRM No.M-25557 of 2010 as he was challaned by the police whereas petitioner was found innocent by the police and was summoned under Section 319 Cr.P.C. by the Court. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Dharam Singh is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Sangrur ( RAM CHAND GUPTA ) October 8, 2010. JUDGE 'om' 3