Criminal Misc. No. M-19123 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19123 of 2009 (O&M) Date of decision: 19.11.2009 Lakhvir Singh @ Maghar Singh @ Maghi and others .. Petitioners v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. J. S. Gill, Advocate for the petitioner. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. Mr. APS Deol, Senior Advocate with Mr. Davinderbir Singh, Advocate for the complainant. ... Rajesh Bindal J. Prayer in the petition is for grant of regular bail to the petitioners in FIR No. 188 dated 26.10.2008, registered under Sections 302, 307, 323, 148, 149, 120-B IPC and 25, 27, 54 and 59 of the Arms Act, Police Station, Sadar, Faridkot. The petitioners are in custody since November, 2008. Learned counsel for the petitioners submitted that it is a case in which one person died and two were injured on the complainant side, whereas even on the side of the accused, three persons were injured. In fact, the complainant party was the aggressor. As on today, 12 persons are in custody, whereas even as per the allegations in the FIR, the deceased died on account of one single gun shot injury attributed to Jaswinder Singh, who is in custody, or at the most a gun shot injury has been attributed to Dhira Singh, who is Proclaimed Offender. Though petitioner- Sukhdev Singh has been named in the FIR, but no injury has been attributed to him. Petitioner-Lakhvir Singh gave one Dang blow to one of the injured on the leg, which was found to be simple in nature. Petitioner- Gurpreet Singh gave two Gandasa blows from reverse side to one of the injured on arm and thigh, which too were also found to be simple in nature. Considering the period of custody and the fact that the trial is going to take long time as only two out of 39 prosecution witnesses have been recorded, the petitioners deserve the Criminal Misc. No. M-19123 of 2009 [2] concession of bail. On the other hand, learned counsel for the respondents submitted that considering the fact that one person has expired and two persons have suffered serious injuries and the statement of one of the injured is yet to be recorded, the petitioners do not deserve the concession of bail. However, the fact that the injuries attributed Lakhvir Singh and Gurpreet Singh were found to be simple in nature and there is no injury attributed to petitioner- Sukhdev Singh is not denied. After hearing learned counsel for the parties and considering the period the petitioners are in custody and also that no injury has been attributed to petitioner- Sukhdev Singh and the injuries attributed to petitioners- Lakhvir Singh and Gurpreet Singh were found to be simple in nature and the trial may take long time, it is directed that pending trial the petitioners shall be released on bail on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Faridkot. The petition stands disposed of. (Rajesh Bindal) Judge 19.11.2009 mk