CRM No.M-29608 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26.10.2010 Subhash Chand son of Brij Lal ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Paramjit Singh Jammu, Advocate for the petitioner. Mr.Tarun Aggarwal, Sr.DAG Haryana. Mr.Inderjeet S.Brar, Advocate for the complainant. M ehinder S ingh S ullar , J . (Oral) Having exercised his right of regular bail and lost in the Court of Sessions Judge, petitioner Subhash Chand son of Brij Lal, has directed the present petition for regular bail in a cross case, registered against him alongwith his other co-accused, vide FIR No.171 dated 3.7.2010 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 323, 324, 326 and 506 read with section 149 IPC by the Police of Police Station Sadar Sirsa, invoking the provisions of section 439 Cr.PC. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the present petition deserves to be accepted in this respect. 4. What is not disputed here is that the petitioner was arrested in a cross case on 23.7.2010 and since then he is in judicial custody. He is no longer required to be further detained in jail for any purpose. It is a case of cross version. Which of the party was the aggressor would be the moot point to be decided during the CRM No.M-29608 of 2010 2 course of trial. The incident originated at the spur of moment. All the offences alleged against the petitioner are triable by the Court of Magistrate. As even charges have not been framed till today, therefore, the conclusion of trial will naturally take a long time. Moreover, there is no history of previous involvement of the petitioner in any other criminal case. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petitioner is entitled to regular bail in the obtaining circumstances of the instant case. 6. In the light of the 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 bail on his furnishing bail and surety bonds to the satisfaction of trial Court. 7. The instant petition is disposed of accordingly. 26.10.2010 (Mehinder Singh Sullar) AS Judge