Crl. Misc. No. M-12582 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-12582 of 2010 (O&M) Date of decision : 30.8.2010 Devinder Chand ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ramneek Vasudeva, Advocate for the petitioner. Ms. RK Nihalsinghwala, Sr. DAG, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 323, 324, 506, 201, 148, 149 IPC (Section 307 IPC added subsequently on 24.8.2009) at Police Station Nurpur Bedi, District Ropar, vide FIR No.75 dated 8th August, 2009. Learned counsel for the petitioner has argued that material witnesses have already been examined in the case. Out of the formal witnesses yet to be examined by the prosecution, the Investigating Officer is not available in the country and is not likely to be back before December, 2010. He submits that petitioner has been in custody for more than one year and thus, no useful purpose will be served by detaining him in custody any longer. Learned State counsel has opposed the prayer for bail on Crl. Misc. No. M-12582 of 2010 2 the ground that the allegations against the petitioner are serious in nature as he has caused a grievous injury in the occurrence. She, however, does not dispute the fact that only formal witnesses remain to be examined and Investigating Officer is not available in the country at present. Keeping in view the aforesaid contentions, the period of incarceration of the petitioner and the fact that material witnesses have already been examined, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer as trial may still take some time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Ropar. (RAJAN GUPTA) JUDGE 30.8.2010 'rajpal'