Cr.Misc. NO. M 16902 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 16902 of 2008 DATE OF DECISION : 29.1.2009 Rajwinder Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. TS Sangha ,Sr. Advocate with Mr. HS Sangha, Advocate Ms.Rajni Gupta, DAG, Pb Mr. APS Deol,Sr.Adovcate with Mr.Daldeep Singh, Advocate M.M.S.BEDI,J. The petitioner is alleged to have fired at Darshan Singh, one of the collateral's of the petitioner, on account of previous enmity regarding the inheritance of the property of uncle Bakhtaur Singh, who had died issueless. Learned counsel for the petitioner has contended that there has been a delay of one day in lodging of the FIR and that the petitioner had voluntarily surrendered in the court and produced the gun. It is also not out of place to mention here that pursuant to the interim directions passed by this court, the court of the learned Additional Sessions Judge, Bathinda by exhibiting extra ordinary judicial efficiency examined the injured as well as the eye witnesses. Learned counsel for the complainant has opposed the petition for bail contending that the petitioner is lodged in jail on account of his Cr.Misc. NO. M 16902 of 2008 2 having earlier been convicted u/s 324 IPC by the court of the learned Additional Sessions Judge, Bathinda. Without expression of any opinion regarding the petitioner being in custody in some other case, it is sufficient to observe that in the present case the petitioner has been in custody since 2.2.2008. Injured and material witnesses having already been examined, chances of tampering with the evidence are remote. In view of the above circumstances, the petitioner can be granted the concession of bail taking into consideration the period of detention suffered by him as an under trial. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the trial Court. Taking into consideration the earlier conduct of the petitioner, a condition is imposed that the petitioner will not commit the similar offence of which he is accused of. In case of any such eventuality, prosecution/complainant will be at liberty to seek the cancellation of bail. The petitioner be released in case he is not required to be detained in any other case. January 29 ,2008 ( M.M.S.BEDI ) TSM JUDGE