In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-23045 of 2010 (O&M) Date of decision: 6.9.2010 Lakhwinder Kumar @ Lakhwinder Singh @ Lucky @ Lakhi ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.G.s.Thind, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 26 dated 29.1.2009, under Sections 302, 364, 201, 120-B, 148, 149 of the Indian Penal Code and Section 25 of the Arms Act, 1959 registered at Police Station Banga District Nawanshahr. Learned counsel for the petitioner has submitted that co- accused Bakhshish Singh, who was similarly situated as the petitioner, has been allowed bail by this Court vide order dated 28.7.2010 (Annexure P-5). The material witnesses had failed to identify or name the petitioner while appearing in the witness box. Criminal Misc. No.M-23045 of 2010 (O&M) -2- The petitioner is in custody since 1.2.2009. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the co-accused, who was similarly situated, has since been allowed bail and the fact that the petitioner is in custody since 1.2.2009, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Shaheed Bhagat Singh Nagar. (SABINA) JUDGE September 06, 2010 anita