IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1501 of 2011 (O&M) Date of decision: 7th February, 2011 Partap Singh @ Sema … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Daldeep Singh, Advocate for the petitioner. Mr. Gaurav Dhir, Deputy Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.149 dated 29.07.2010 registered at Police Station Kalanwali, District Sirsa under Sections 307, 323, 148, 149 IPC and Section 25/54/59 of the Arms Act, 1959. Counsel for the petitioner has stated that this is a case of version and cross-version. The petitioner has allegedly given a gunshot injury on the thigh of Bant Singh and is said to be in custody since 15th August, 2010. Counsel for the petitioner has relied upon ‘Hari Ram v. State of Haryana’ 2003(4) RCR (Criminal) 105 to contend that if a gunshot injury is given on a non-vital part of the body, the offence, if any, will fall under Section 308 IPC and not under Section 307 IPC. Learned counsel has further stated that the injured has been discharged from the hospital and Criminal Misc. No.M-1501 of 2011 (O&M) has assumed his day-to-day avocation, as the injuries suffered by him were simple in nature. Considering the fact that the petitioner is in custody since 15th August, 2010 and the injured has been discharged from the hospital, coupled with the fact that the trial will take a long time to conclude, this Court is of the opinion that further detention of the petitioner in the present case is not warranted. Accordingly, he is ordered to be released on regular bail to the satisfaction of Chief Judicial Magistrate, Sirsa. The present petition stands disposed of accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE February 7, 2011 rps 2