CRM No.M-27738 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-27738 of 2010 Date of Decision:01.11.2010 Davinder Singh alias Bitu ......Petitioner Versus State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Puneet Sharma, Advocate, for the petitioner. Mr.Shilesh Gupta, Deputy Advocate General, Punjab, for respondent No.1-State. Nemo for respondent No.2, despite service. **** M EHINDER S INGH S ULLAR , J.(oral) By invoking the provisions of Section 439 Cr.P.C., petitioner- Davinder Singh alias Bitu son of Durga Dass, has instituted the present petition for the grant of regular bail in a private complaint No.830 dated 06.07.2004(Annexure P-1) filed by respondent No.2-complainant, in which he along with his other co- accused was summoned, vide summoning order dated 25.04.2005(Annexure P-2) to face the trial, for the commission of offences punishable under Sections 452, 427, 323, 504, 342, 506, 148 and 149 IPC, by the police of Police Station Mahilpur, District Hoshiarpur. 2. Notice of the petition was issued to the respondents. But nobody appeared on behalf of complainant-respondent No.2-Jaswinder Singh, despite service. 3. Having heard the learned counsel for the petitioner, having gone through the record with his valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the petitioner is entitled to regular bail in this CRM No.M-27738 of 2010 2 respect. 4. It is not a matter of dispute that the petitioner along with his other co- accused was summoned to face the trial in a private complaint, by virtue of summoning order(Annexure P-2) and he was earlier allowed bail. On 07.09.2006, as he could not appear in the Court, therefore, ultimately, warrants for securing the presence of the petitioner were issued. The petitioner was arrested on 03.08.2010 and since then, he is in judicial custody. He is no longer required to be detained for any other purpose. As all the offences alleged against him are triable by the court of Magistrate, therefore, the conclusion of trial will naturally take a long time. 5. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case, particularly when complainant-respondent No.2 did not appear to oppose the prayer of the petitioner, despite service. 6. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the trial Court. 7. The instant petition is disposed of accordingly. November 01, 2010 (MEHINDER SINGH SULLAR) seema JUDGE