Crl. Misc. No.M-9694 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-9694 of 2009 Date of decision:08.07.2009. Daljit Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. J.S.Brar, Advocate, for the petitioner. Mr. Aman Deep Singh Rai, A.A.G, Punjab, for the respondent – State. Ms. Ruchi Sekhri, Advocate, for the complainant. ***** AUGUSTINE GEORGE MASIH, J. (ORAL). Present petition is for grant of regular bail in an FIR registered against the petitioner wherein the allegations against him are that he had fired one shot of .12 bore pistol and has forcibly taken away the tractor of the complainant Bir Davinder Singh. Counsel for the petitioner submits that the petitioner surrendered before the Court on 24.02.2009 and since then he is in custody. On the other hand, counsel for the State states that the petitioner was arrested on 07.03.2009 in the present FIR as he was declared proclaimed offender in the present case and in the other cases as well. Counsel for the State has further informed that the case is fixed for today before the Trial Court for framing of charge and has also informed the Court that the tractor, which was alleged Crl. Misc. No.M-9694 of 2009 -2- to have taken away by the petitioner alongwith his son Shaminderjit Singh, has been recovered from a canal. Counsel for the complainant submits that the conduct of the petitioner is apparent from the facts that he alongwith his son have fired one shot of .12 bore pistol and has taken away the tractor of the complainant and he was declared a proclaimed offender in the present case. She contends that, therefore, the petitioner should not be enlarged on bail. I have heard the counsel for the parties and have gone through the records of the case. Factum that the petitioner is in custody since 24.02.2009, although stated to be arrested in the present FIR on 07.03.2009, is not disputed. It also not in dispute that the tractor, which was alleged to have been driven off by the petitioner, stands recovered. The case is fixed for framing of charge today. The trial is not likely to be completed soon. The petitioner is already in custody for about 5 months. Keeping this in view, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court/Duty Magistrate, Gidderbaha. July 08, 2009. ( AUGUSTINE GEORGE MASIH) vinod JUDGE