Criminal Misc. No. M-8095 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8095 of 2011 Date of decision : 17.05.2011 Swaran Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Rangi, Advocate for the petitioner. Ms. R.K. Nihalsinghwala, 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 under Sections 148/149/323/324/302 IPC at Police Station Kharar, District SAS Nagar but charges were framed under Sections 304, 325, 324, 323, 147, 148 & 149 IPC. Learned counsel for the petitioner contends that charge in this case has been framed under Section 304 IPC along with other offences. However, charge under Section 302 IPC has been dropped. He submits that no specific role is attributed to the petitioner in the alleged occurrence and he is in custody since 31.03.2010. He further submits that before the trial court one prosecution witness has been examined. According to him, Criminal Misc. No. M-8095 of 2011 2 similarly placed co-accused have been granted the concession of bail vide order, Annexure P-5. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. She, however, on instructions from SI Bawa Singh, who is present in court 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 17, 2011 (RAJAN GUPTA) Ajay JUDGE