CRM-M-26982 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26982 of 2011 Date of Decision:14.10.2011 Surjan Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.G.S.Gill, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.43 dated 24.9.2010 under Sections 323, 324, 148 & 149 of the Indian Penal Code, 1860 (for short ‘IPC’) in which Section 326 IPC was added on 27.9.2010 and Section 307 IPC was added on 6.11.2010 at Police Station Begowal, District Kapurthala. Learned counsel for the petitioner has submitted that in the occurrence dated 16.9.2010 at 8.30 PM, persons from both the sides suffered injuries. The present FIR is registered at the instance of Sarwan Singh, who alleged to have suffered injury on his head whereas DDR No.25 dated 24.9.2010 was registered by Surjan Singh (petitioner herein) against five persons on account of causing injury to four persons of their side. He further submits that the petitioner is in custody since 8.6.2011 whereas challan has been presented but some of the accused in the DDR namely, Swaran & Lakhwinder are absconding whereas Pyari has been released on anticipatory bail, Dalvir Singh is on regular bail and Gariboo has not been arrested. He further submits that since Sarwan Singh himself is on run and is injured in present case is not coming forward for recording evidence, therefore, his trial in the present CRM-M-26982 of 2011 - 2 - case would not come to an end. He further submits that though the quarrel took place at an open space but it is yet to be decided as who was the aggressor and which party had caused injury in defence. After hearing learned counsel for the parties but without making any observation on the merits, the present petition is allowed. Petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned Court below. (RAKESH KUMAR JAIN) OCTOBER 14, 2011 JUDGE Vivek