In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-28131 of 2010(O&M) Date of decision: 10.12.2010 Gurbhagat Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.I.S.Mann, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.J.S.Chahar, Advocate for the complainant. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 75 dated 19.5.2010, under Sections 307, 148, 149 of the Indian Penal Code and Sections 27/30 of the Arms Act, 1959 at Police Station The allegation against the petitioner is that the petitioner had fired a shot from his 12 bore gun. Learned counsel for the petitioner has submitted that all the injuries on the person of the complainant were declared simple in Criminal Misc. No.M-28131 of 2010(O&M) -2- nature. The petitioner is in custody since 9.6.2010. Challan has already been presented in this case. Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner is in custody since 9.6.2010 and challan has already been presented in this case, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Sri Mukatsar Sahib. (SABINA) JUDGE December 10, 2010 anita