In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 14890 of 2010 (O&M) Date of decision: 15.10.2010 Kapil Kumar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Gurmeet Singh, Advocate, for Mr.L.M.Gulati, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing of order dated 4.3.2010 (Annexure P-2) passed by the Judicial Magistrate, Ist Class, Amritsar denying bail to the petitioner under Section 437 (6) Cr.P.C. and the order dated 21.4.2010 (Annexure P- 3) passed by the Additional Sessions Judge, Amritsar vide which the criminal Revision No.16 of 2010 was dismissed. Learned counsel for the petitioner has submitted that the petitioner is in custody since 18.2.2009 and so far only one witness has been examined during trial. The petitioner is not involved in any Criminal Misc. No.M- 14890 of 2010 (O&M) -2- other criminal case. Learned State counsel, on the other hand, has opposed this petition and has stated that as many as 36 injuries have been inflicted on the person of the injured. In the present case, FIR has been registered against the petitioner under Section 326/34 IPC. Although the petitioner and his co-accused have inflicted number of injuries to the injured yet keeping in view the fact that the petitioner is in custody since 18.2.2009, 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 impugned orders are set aside. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Amritsar. (SABINA) JUDGE October 15, 2010 anita