Crl. Misc No. M-31382 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-31382 of 2009 Date of decision : 09.12.2009 Sushil Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Gurmohan Singh, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail to the petitioner in a case registered vide FIR No. 90 dated 31.08.2009 under Sections 398 & 401 IPC and 25,54 & 59 at Police Station Sector 19, Panchkula. Learned counsel for the petitioner contends that the allegation against the petitioner is that he was preparing to commit dacoity. According to the counsel, no dacoity was in fact committed. He submits that petitioner is only a bread winner of the family and has been in custody since 31.08.2009. According to him, investigation of the case has been completed and challan has been presented before the competent court. He, thus submits that the petitioner deserves to be enlarged on bail during the pendency of the trial. Learned counsel for the State has opposed the prayer for bail on Crl. Misc No. M-31382 of 2009 2 the ground that allegations against the petitioner are serious in nature. He, however, does not dispute the fact that investigation of the case has been completed and challan has been presented before the competent court. Without expressing any opinion on the merits of the case at this stage and taking into consideration the period of detention already suffered by him and the fact that investigation of the case has already been completed and trial is still at its initial stage, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and he is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Panchkula. This, however, will be subject to such surety as the court may deem fit, to ensure that petitioner does not escape from the process of law. 09.12.2009 (RAJAN GUPTA) Ajay JUDGE