In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 4417 of 2011 (O&M) Decided on July 26,2011 Harsimrat Singh --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.S.S.Rangi, Advocate, for the petitioner. Mr.A.S.Rai,DAG,Punjab. Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.143 dated 16.12.2009, under Sections 307,323,148,149 IPC, later on added Section 324 IPC, at Police Station Banur, District Patiala. Allegation contained in the FIR is that the complainant has been mercilessly beaten by 12 persons, out of whom six were identified and six were unidentified. So far, the police could catch hold of only four persons out of whom one is on bail and three are in custody. Six identified persons and two unidentified persons are still absconding. Learned counsel for the petitioner submits that the petitioner is in custody since 22.1.2010. There are 19 witnesses and only one witness has been examined so far. The trial will take a long time. He, thus, prays that the petitioner be released on bail. In reply, learned counsel for the respondent has submitted that CRM-M- 4417 of 2011 (O&M) -2- the petitioner had earlier applied for bail vide CRM-M-18893 of 2010, but after arguing for some time, he had withdrawn that petition on 18.10.2010. He also submits that statement of one of injured/ PW-1 Lakhbir Singh has already been recorded. The examination-in-chief of other injured witness Harinder Singh is already over and case is now fixed for his cross examination on 5.8.2011. Learned counsel further submits that the injury Nos.1 and 2 inflicted on the person of the complainant are so severe which are reproduced below:- (i) 5 cm.long stitched wound with 6 sutures with clotted blood and defused swelling of scalp obliquely present on right side of frontal region of scalp, from 4.cm. above eyebrow to 10 cm. above ear. Black swelling around right eye present.Advised x-ray skull-AP and later- surgical observation and opinion -eye opinion. (ii) 7.5.cm long stitched wound with 6 stitches present on occipital parietal region- midline going obliquely towards left side with clotted blood and associated swelling and scalp. Advised x-ray skull”. Learned counsel further submits that the trial is in progress inasmuch as the prosecution witnesses are being examined. After hearing the learned counsel for the parties and taking into consideration the facts and circumstances of this case, I find that it is not a fit case for grant of bail at this stage and hence this petition is hereby dismissed. July 26,2011 (Rakesh Kumar Jain) RR Judge