IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-16270 of 2009 Date of Decision:- 15.07.2009 Ramesh Dass ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Bhupinder Singh Bairagi, Advocate, for the petitioner. Mr.Yashpal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner submits that the petitioner is in custody since 19.5.2008. He further submits that the complainant-Pankaj who had appeared as PW-8 before the trial Court in his statement dated 20.4.2009 has been declared hostile by the Public Prosecutor and has been cross-examined. He submits that in view of the said position, the case of the prosecution falls and, therefore, the petitioner is entitled to be enlarged on bail. He further states that the next date before the trial Court is 22.9.2009 and the evidence of the prosecution is still going on and the trial is not likely to conclude soon. Counsel for the State is unable to rebut the submissions in the light of the complainant having been declared hostile. Keeping in view the above facts, the present application is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. Crl.Misc.No.M-16270 of 2009 -2- The observations made herein above shall have no effect on the merits of the case before the trial Court. July 15, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE