IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-6619 of 2009 Date of decision : 06.05.2009 Onkar Kumar ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Sushma Chopra, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) On the last date of hearing following order was passed in this case:- “Counsel contends that the amount alleged to have been taken by the petitioner for sending the complainant abroad was returned by brother of the petitioner as would be evident from perusal of compromise-deed, Annexure P-1. Counsel further submits that co- accused of the petitioner has already been acquitted by the trial court vide judgment, Annexure P-2.” Learned counsel for the State submits that though the petitioner was declared a proclaimed offender but he has undergone incarceration since 04.12.2008. Learned counsel for the State on instructions from Head Constable Makhan Singh, who is present in Court affirms the fact that co- accused of the petitioner has already been acquitted by the trial court. Without expressing any opinion on the merits of the case and taking into consideration the period of incarceration already suffered by him and the fact that trial may take some time to conclude, I am of the Crl. Misc No. M-6619 of 2009 -2- considered view that petitioner deserves to be enlarged on bail pending trial. Accordingly, the petition is allowed and the petitioner is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate, Jalandhar. However, this will be subject to heavy surety. 06.05.2009 (RAJAN GUPTA) Ajay JUDGE