CRM-M No. 27614 of 2011 **** Jagtar Singh v. State of Punjab Present: Mr. V.K.Sandhir, Advocate for the petitioner. Mr. Sumeet Abrol, AAG, Punjab. Mr. Ritesh Pandey, Advocate for he complainant. **** This is a petition for regular bail filed in case bearing FIR No. 78 dated 13.04.2011, under Sections 420, 467, 468, 471, 120-B IPC registered at Police Station Civil Line Batala. On 15.09.2011 the following contention was noticed:- “ Learned counsel has argued that the earlier application was dismissed as withdrawn at that stage. However, now all the other co-accused have been arrested and released on bail.” Learned AAG, on instructions from ASI Nirmal Singh, has accepted this factual assertion. Learned counsel for the complainant has, however, argued that the petitioner was the main accused. In my considered opinion even if the allegations in the FIR are deemed to be true it cannot be said with certainty that the petitioner is the main accused and a reading of the material on record tends to show that al the accused persons more specially Satnam Singh and the petitioner are equally responsible. In this view of the matter, in the considered opinion of this Court the present petitioner who has been admittedly in custody since 15.04.2011 cannot be denied the concession of bail since as has been admitted by learned AAG that charge has even not yet been framed though challan has been presented as far back as 13.07.2011. CRM-M No. 27614 of 2011 -2- In the circumstances, this petition is allowed. Bail to the satisfaction of the learned trial Court/Duty Magistrate. ( AJAY TEWARI ) JUDGE December 14, 2011 sunita