Crl.M.No.31465-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.31465-M of 2010 Date of Order: 1.12.2010 Jodawar Singh .....Petitioner Vs. State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. D.K. Bhatti, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.56 dated 9.5.2010 under Sections 302/149/148 IPC and Sections 25/27/54/59 of the Arms Act, P.S Division No.2, Jalandhar. As per allegations in the FIR, petitioner Jodawar Singh on 9.5.2010 at about 2.00 p.m along with 16 co-accused including non- applicants Pankaj, Raman Kumar and Ajay Kumar assembled in Burlton Park, Jalandhar for a compromise with the complainant party on account of an altercation between Sahil (since deceased) and co-accused Pankaj. Petitioner-Jodawar Singh is allegedly armed with a basebal bat whereas non-applicant Pankaj was armed with revolver and other co-accused armed with kirpans/basebal bats. As per the allegations in the FIR, non- applicant/co accused Pankaj is alleged to have fired a shot from his revolver hitting on the chest of Sahil resulting into his death. Learned counsel for the petitioner submits that the petitioner was empty handed at the time of occurrence and no other overt act has been ascribed to him. It is further submitted that main accused Pankaj has also suffered very serious injuries and on account of his physical condition due Crl.M.No.31465-M of 2010 #2# to injuries he has not been arrested by the police. It is further submitted that the challan in the present case has been presented and the petitioner is in custody since 10.5.2010. Learned state counsel, on instructions from SI Baljit Singh, states that no injury is attributed to the petitioner. It is further stated that challan in the present case has been presented. Without commenting upon merit of the case and taking into the custody period and the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Jalandhar. December 01, 2010 ( JASWANT SINGH ) manoj JUDGE