Crl.M.No.25622-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.25622-M of 2010 Date of Order: 23.9.2010 Harish .....Petitioner Vs. State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sunil Panwar, Advocate for the petitioner. Mr. M.S. Sindhu, Addl.A.G, Haryana. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.93 dated 8.8.2010 under Sections 148/149/323/307/427/452//506 IPC and 25/54/59 of the Arms Act, P.S Rajendra Park, Gurgaon. As per allegations in the FIR, petitioner along with other co- accused while exhorting the complainant entered the house of the complainant after breaking the wall and then fired a shot from his country made pistol besides giving lathi and kulhari blows on the car of the brother of the complainant. It is stated that this is a case of version and cross version between the descendants of common ancestors relating to a dispute over encroachment made over a piece of land. Learned counsel submits that the petitioner has been falsely implicated in this case and that no injury was caused to anyone by the Crl.M.No.25622-M of 2010 #2# alleged use of fire arm by the petitioner and that even alleged pistol has not been recovered from the petitioner. He further submits that co-accused of the petitioner have already been granted the concession of bail and that the petitioner is in custody since 8.8.2010. Learned state counsel, on instructions from ASI Raj Pal Singh, states that out of total 17 accused including the petitioner, eleven co- accused have been granted regular bail whereas other five have been granted the concession of interim bail. Without expressing any opinion on the merit of the case and taking into account the custody period and that the trial is not likely to conclude in near future, I find that no useful purpose would be served to keep the petitioner in custody any further. Accordingly, petition is allowed and the petitioner is ordered to be released of bail to the satisfaction of the ld. Chief Judicial Magistrate/Duty Magistrate, Gurgaon. September 23, 2010 ( JASWANT SINGH ) manoj JUDGE