In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 10494 of 2010 (O&M) Date of decision: 25.11.2010 Upkar Hans @ Vicky @ Johan ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.K.Gupta, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 172 dated 11.8.2007, under Sections 460 of the Indian Penal Code registered at Police Station Model Town, Hoshiarpur Learned counsel for the petitioner has submitted that the material witness PW-5 Surinder Kumar has not supported the prosecution case. The petitioner had allegedly suffered an extra judicial confession before the said witness. There was no other evidence against the petitioner. The petitioner is in custody since 25.4.2008. Learned State counsel, who is assisted by HC Charanjit Criminal Misc. No.M- 10494 of 2010 (O&M) -2- Singh, has not disputed the fact that PW-5 Surinder Kumar has not supported the prosecution case. Keeping in view the fact that the petitioner is in custody since 25.4.2008 and the material witness PW-5 Surinder Kumar has not supported the prosecution case, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Hoshiarpur. (SABINA) JUDGE November 25, 2010 anita