IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. 30513 of 2008 (O&M) Date of decision : March 10, 2009 Rashid alias Abdul Rashid ....Petitioner versus Juber Ahmad and another ....Respondents Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. PR Yadav, Advocate for the petitioner Mr. Gautam Dutt, Advocate , for the respondent no. 1 Mr. Vikas Chaudhary, AAG Haryana Pritam Pal,J. (Oral) Petitioner has brought this petition under section 439 of Code of Criminal Procedure for seeking regular bail in private complaint under sections 148, 149, 302 IPC, titled as Juber Ahmad vs Israil etc. Admittedly the occurrence in this case is of 29.11.2003. During the investigation by the police, the petitioner was found innocent and ultimately family members of the deceased were found to be culprits in this case and thereupon they, including the complainant, were challaned. They all were acquitted vide order dated 6.11.2007. In the meantime, i.e. on 11.7.2004, respondent no. 2 Juber Ahmad had also filed a complaint case against 28 persons but the learned Magistrate after recording the preliminary evidence summoned eight persons for commission of offence punishable under sections 148, 149, 302 IPC vide order dated 13.7.2006. The petitioner was taken into custody in this complaint case on 25.9.2008. Criminal Misc. No. 30513 of 2008 (O&M) -2- In this complaint case, the petitioner is shown to have been armed with the country made pistol. However, no injury to the deceased is attributed to him. Pre-charge evidence in this complaint case is yet to be recorded. Thus trial is likely to take a long time. In the given facts and circumstances of the case and without commenting on merits of the case, the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Nuh. Criminal Misc. is disposed of. ( Pritam Pal ) March 10, 2009 Judge 'dalbir'