CRM No. M-31511 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-31511 of 2010 (O&M) Date of decision: 21.3.2011 Ayub ....Petitioner Versus The State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.S. Rai, Sr. Advocate, with Mr. Gautam Dutt, Advocate, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking regular bail in case FIR No.192 dated 6.6.2003 under Sections 302/307/216/148/149 of the Indian Penal Code read with Sections 25/54/59 of Arms Act, Police Station Punhana, District Mewat. Mr. R.S. Rai, learned senior counsel, assisted by Mr. Gautam Dutt, learned counsel for the petitioner states that all the other co- accused have already been acquitted by the trial Court. Since petitioner was declared proclaimed offender, therefore, trial against him did not proceed and now accused has been arrested and trial against him is on and entire evidence against the petitioner is same on the basis of which other co-accused have already been acquitted. Learned senior counsel further states that petitioner is in custody w.e.f. 13.9.2009 and trial may CRM No. M-31511 of 2010 (O&M) -2- take some time. Mr. Rai placing reliance on the judgment of the Hon'ble Apex Court in the matter of State of Kerala Vs. Raneef, 2011(1) RCR (Criminal) 381 states that in the event of rejection of the bail application, time spent in the jail during the trial cannot be restored to the accused in the event of acquittal of the accused by the trial Court. Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, on the instructions of ASI Jagdish, states that out of 15 witnesses, only two have been examined as yet. Considering totality of the facts and circumstances of the case, I direct that petitioner be released on bail to the satisfaction of learned trial Court. (Alok Singh) Judge March 21, 2011 R.S.