Criminal Misc. No. M-7563 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7563 of 2011 Date of decision : 23.05.2011 Rajinder Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.S. Cooner, Advocate for the petitioner. Mr. Arshwinder Singh, Addl. Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 118 dated 27.03.2010 (Annexure P/1) under Sections 304/302, 325, 324, 323, 147, 148 & 149 IPC at Police Station Kharar, District SAS Nagar. Learned counsel for the petitioner contends that charge in the case has been framed under Section 304 IPC along with other offences. However, charge under Section 302 IPC has been dropped. He further submits that petitioner has been attributed brick blow on the head of the complainant and not to the deceased. According to him, one prosecution witness has already been examined and trial of the case is in progress and petitioner is in custody since 31.03.2010. According to him, similarly Criminal Misc. No. M-7563 of 2011 2 placed co-accused has been granted the concession of bail vide order, Annexure P-6. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, does not dispute the fact that trial is in progress and is at the stage of recording prosecution evidence. In view of aforesaid contentions, period of incarceration of the petitioner and the fact that trial may take a long time to conclude, no useful purpose would be served by detaining the petitioner in custody any longer. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kharar. Disposed of. May 23, 2011 (RAJAN GUPTA) Ajay JUDGE