Crl. Misc. No.M-19504 of 2011 (O&M) Kuldip Singh Vs. State of Punjab Present : Mr. S.P.S. Sidhu, Advocate for the petitioner. Mr. P.S. Grewal, D.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.61 dated 19.05.2007 registered under Sections 302, 307, 395, 326 IPC at Police Station Sultanpur Lodhi, District Kapurthala. On 08.07.2011 the following contention was noticed:- “Learned counsel states that the petitioner has now been in custody since January, 2008 and now de novo trial has to start since an application under Section 319 Cr.P.C. has been just decided.” Learned Deputy Advocate General on instructions from ASI Surinder Kumar has argued that the petitioner is the main accused in the present case wherein one person has died due to gun shot injury and another one has been injured by firing and therefore the petitioner should not be released on bail. Had the trial been proceeding further no doubt this argument would be difficult to resist. Since new persons are said to have been made accused who have been summoned under Section 319 Cr.P.C therefore the trial in the present case is not likely to conclude in the near future. Learned Deputy Advocate General states that the matter is now fixed for 12.09.2011 for filing of supplementary challan against yet another person. Crl. Misc. No.M-19504 of 2011 (O&M) -2- In this view of the matter, the two choices before the Court are either to release the main accused or to keep him in custody indefinitely. In my considered opinion, the first choice has to be exercised. In the circumstances, the petitioner is directed to be released on bail to the satisfaction of the trial Court/Duty Magistrate. Petition stands disposed of. ( AJAY TEWARI ) August 29, 2011 JUDGE ashish