Crl.M.No.16793-M of 2010(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.16793-M of 2010(O&M) Date of Decision: 6.7.2010 Gian Chand .......Petitioner(s) Versus State of Haryana ........Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Hemant Bassi, Advocate for the petitioner. Mr. M.S. Sindhu, Addl.A.G, Haryana for the respondent-State. JASWANT SINGH, J (ORAL) Crl.M.No.30155 of 2010 Application is allowed as prayed for. Crl.M.No.16793-M of 2010 Prayer is for grant of regular bail in case FIR No.148 dated 12.10.2009, under Sections 148/149/302/323/324/427/452/506 IPC. Learned counsel for the petitioner submits that in the FIR, complainant-Bahadur Singh had recognized and named three amongst many, who were involved in the commission of the offence. Three named are Balbir Singh, Satish and the petitioner Gian Chand. It is submitted that the prosecution did not arrest Satish and he was found innocent during investigation and put in column No.2 in the supplementary challan whereas Balbir Singh was arrested and then discharged under Section 169 Cr.P.C and thus put in column No.2 in the first police report/challan. Learned Crl.M.No.16793-M of 2010(O&M) #2# counsel further submits that the petitioner is in custody since 14.10.2009 and the challan also has been filed by the police and that no useful purpose would be served to keep the petitioner in custody. It is further contended that the petitioner is entitled to the concession of bail as the prosecution has not believed the statement of the complainant and therefore, prima facie no case is made out against the petitioner. Learned state counsel, on instructions from the police official concerned present in Court, has not been able to controvert the aforesaid factual position with regard to Balbir and Satish but contends that the charges against the petitioner are serious and, therefore, he does not deserve the concession of bail. Keeping in view the above submissions and without expressing any opinion on the merits of the case, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of CJM, Ambala. July 06, 2010 ( JASWANT SINGH ) manoj JUDGE