Crl.M.No.17494-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.17494-M of 2010 (O&M) Date of Decision: 26.7.2010 Jagtar Singh ....Petitioner(s) Versus State of Punjab ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. A.P.S. Deol, Sr. Advocate with Mr. Devinder Bir Singh, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. Puneet Sharma, Advocate for the complainant. JASWANT SINGH, J Crl.M.No.31222 of 2010 Application is allowed as prayed for. Crl.M.No.17494-M of 2010 Prayer is for regular bail under Section 439 Cr.P.C in case FIR No.43 dated 20.4.2010 under Sections 307/382/324/325/323/452/148/149 IPC, P.S. Nurpur Bedi, District Rupnagar. Learned state counsel at the outset states that the police report/challan in the case has been filed, however, after further investigation, Section 25 of the Arms Act has been included in the afore mentioned FIR and a supplementary challan is in the process of being filed. Learned counsel for the petitioner submits that it is a case of cross version, the genesis of which was removal of a big stone lying in the Crl.M.No.17494-M of 2010 #2# front of the house of accused Charan Singh by the son (Maninder) of the complainant-Vijay Kumar. It is further submitted that name of the petitioner has figured in the supplementary statement of the complainant and other injured, namely, Girdhari Lal and Saurab Verma recorded after five days of the occurrence. Even as per the allegations in the FIR, one of the un- identified persons/petitioner Jagtar Singh is stated to have inflicted kirpan blow allegedly on the head and the right arm of the injured Maninder (son of the complainant). As per MLR (P.5), no bone injury has been found on the head and a fracture has been found on the right hand including the finger. It is urged that the petitioner is in custody since 24.4.2010 and even as per the proposed supplementary statement, no recovery of any gun is to be effected from the petitioner as he is alleged to have been armed with the kirpan. After hearing learned counsel for the parties and without expressing any opinion on the merit of the case, in view of the custody period of the petitioner and the fact that the trial is not likely to conclude in near future, I find no valid reason to keep the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Rupnagar. July 26, 2010 ( JASWANT SINGH ) manoj JUDGE