IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.No.M-14547 of 2011 Dated of decision:-29.07.2011 Karandeep Singh @ Sheru .....Petitioner Versus State of Punjab .....Respondent Present: Mr. Madan Sandhu, Advocate for the petitioner. Ms. Simsi Dhir Malhotra, AAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. Petitioner-Karandeep Singh @ Sheru seeks regular bail in a case registered against him on 12.05.2010 for the offences under Sections 324, 148, 149 and 506 IPC; besides, Section 307 IPC which was added later on. FIR in the case has been registered on the complaint of Sayeed Arsi Hassan @ Ashu. The dispute between the complainant and the petitioner is that the father of the petitioner namely Dharam Pal was working as a driver with the complainant. The complainant had removed the father of the petitioner from his job. This led to resentment of the petitioner. He nursed a grievance as to why his father had been removed from his job as a driver by the complainant. The petitioner called the complainant at a fixed place to discuss the matter. The complainant along with his friend Lakhwinder Singh (injured) reached Samrala Chowk, Ludhiana at the fixed time. There a fight ensued and the petitioner is said to have caused injury on the right side of the head of Lakhwinder Singh (injured), which the doctor has opined to be dangerous to life. The earlier petition for bail filed Crl. Misc.No.M-14547 of 2011 - 2 – by the petitioner was dismissed by this court vide order dated 11.02.2011. It may be noticed that the petitioner was arrested on 07.07.2010 and he has been custody for more than a year. Lakhwinder Singh (injured) has since been discharged from the hospital. The case was committed by learned Judicial Magistrate Ist Class, Ludhiana to the Court of learned Sessions Judge, Ludhiana on 01.12.2010. The charges were framed against the accused on 07.01.2011 and the prosecution witnesses were summoned for evidence on 28.01.2011. Lakhwinder Singh (injured) and HC. Jatinder Kumar were summoned for 28.01.2011, but despite service they did not appear. Bailable warrants were issued against them. On 14.02.2011, baiable warrants issued against Lakhwinder Singh (injured) and HC Jatinder Kumar were not received back. They were again summoned through bailable warrants. On 07.03.2011, the bailable warrants issued against Lakhwinder Singh (injured) were received back unserved. He was ordered to be again summoned through bailable warrants. On 24.03.2011, the bailable warrants/summons for prosecution witnesses were received back unserved. On 04.04.2011, two PWs were rexamined. No other PW was present. The bailable warrants/summons of the remaining prosecution witnesses were received back unserved. On 25.04.2011, Lakhwinder Singh (injured) was present, but could not be examined as counsel for the accused was not available. He was bound down for the next date. On 07.05.2011, Lakhwinder Singh (injured) did not appear despite being bound down. On 27.05.2011, bailable warrants of Lakhwinder Singh (injured) and summons of remaining prosecution witnesses were not received back. On 14.06.2011, bailable warrants of Lakhwinder Singh (injured) were received back unserved. On 13.07.2011, Lakhwinder Singh was served through bailable warrants, but he did not appear. Therefore, the trial in the case has been delayed as on most of the dates, Lakhwinder Singh (injured) was not appearing . As already Crl. Misc.No.M-14547 of 2011 - 3 – noticed, the petitioner is in custody since 07.07.2010 i.e. for the last more than one year. The trial in the case has been delayed primarily because Lakhwinder Singh (injured) is not appearing and is likely to take time. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate Ludhiana, shall be released on bail. Crl. Misc. petition stands disposed of. 29.07.2011 (S.S.SARON) A.Kaundal JUDGE