Crl.Misc.No.M-13267 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13267 of 2009. Decided on August 17, 2009. Manbir alias Manvir Singh Cheema .. Petitioner VERSUS State of Punjab. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.P.S.Hundal, Sr. Advocate, with Mr.Dinesh Trehan, Advocate, for the petitioner. Mr.N.S.Pawar, Addl. A.G., Punjab, for the respondent. M.M.S. BEDI, J. (ORAL) The petitioner seeks concession of bail pending trial in a case registered at the instance of Bhagwant Singh, alleging that on 02.04.2008, when he along with Deepinder Singh and Mandeep Kumar reached in front of Bank of Punjab, Model Town, a Maruti Car of white colour stopped in front of them in which 4-5 young boys were sitting. The petitioner was sitting along with 12 bore gun adjoining the set of the Driver. The petitioner is alleged to have fired . . . 1 Crl.Misc.No.M-13267 of 2009 at the complainant resulting in the breaking of panes of the Car. The pallet fired with .12 bore gun is alleged to have hit him on the backside of his head. Earlier application filed by the petitioner was dismissed on the ground that the trial was at initial stage and the chances of tampering with the evidence were not ruled out. He was given liberty to file a fresh petition after examination of injured- complainant Bhagwant Singh. It has been informed that despite number of opportunities, the complainant has not appeared before the trial Court though four opportunities after framing of charge have been given. Taking into consideration, the conduct of the complainant of having evaded appearance to depose on oath in the Court despite four opportunities, in view of the fact that only simple injuries had been received by the complainant and the period of detention already suffered by him, he can be granted concession of bail. The petition is allowed and it is ordered that petitioner will be released on bail to the satisfaction of the trial Court. (M.M.S.BEDI) JUDGE August 17, 2009. rka . . . 2