IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22355 of 2009 Date of Decision:- 16.11.2009 Pardeep ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.A.Sheoran, Advocate, for the petitioner. Mr.Yashpal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. Counsel for the petitioner submits that the allegation against the petitioner is that he had committed an offence of robbery after entering the shop of the complainant and had taken away Rs.5200/- in cash from the shop. He contends that a country-made pistol is stated to have been recovered from the petitioner. He contends that although there are 19 witnesses, who have to be examined by the prosecution, only six witnesses have been examined till date, out of whom one is complainant, namely, Satpal Goyal. He, in his statement, has neither identified the petitioner nor any description of the alleged assailants has been given by him. He contends that all the remaining witnesses are official. The trial is not likely to conclude soon and the petitioner is in custody since 23.1.2009. The investigation is over and there is no likelihood of the petitioner coercing or inducing the official witnesses who have to depose before the Court. He contends that the petitioner may be enlarged on bail. Crl.Misc.No.M-22355 of 2009 -2- Counsel for the State, on the other hand, submits that recovery of the pistol has been effected from the petitioner. His further contention is that the petitioner should not be granted the benefit of bail as the offence allegedly committed by the petitioner is serious in nature. I have heard counsel for the parties and have gone through the records of the case. It is true that a country-made pistol is alleged to have been recovered from the accused but the complainant Satpal Goyal has failed to identify the petitioner nor has he given any description of the assailants which would include their height and built-up etc. In the light of the fact that out of the total 19 witnesses, only six witnesses have been examined by the prosecution and the remaining witnesses are official, the further incarceration of the petitioner is not essential and in view of the fact that the trial is not likely to conclude soon and the petitioner is in custody since 23.1.2009, the present petition is allowed and he is directed to be released on bail to the satisfaction of the trial Court. November 16, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE