Crl. Misc. No.M-20648 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Misc. No.M-20648 of 2011 Date of Decision: 22.11.2011 Sarabjit Singh and another ….Petitioners Versus State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Veneet Sharma, Advocate for the petitioners. Mr. Kirat Singh Sidhu, DAG, Punjab. *** M.M.S. BEDI, J. (ORAL) This is third application on behalf of petitioner No.2 and second on behalf of petitioner No.1. There being not changed circumstances referred to except that the petitioners have been in custody for the last two and five months. I do not find any ground to grant concession of bail. However, taking into consideration the fact that only two witnesses have been examined and it will be debatable point during trial whether on the basis of percentage of diacetyle morphine being 14% found in the samples of heroin, the quantity recovered would be of commercial or non-commercial. In view of the law laid down in E.Micheal Raj v. Intelligence Office, Narcotic Control Bureau, 2008(2) RCR (Criminal) 597; 2008(3) R.A.J. 10; 2008(5) SCC-161 and in case of Nika Ram Ram Vs. State of Haryana, 2011 (3) RCR-733, it is deemed appropriate to dispose of this petition with a direction to the trial Court to complete the evidence within a period of four months from the next date of hearing i.e. - Crl. Misc. No.M-20648 of 2011 12.01.2012. However, in case the evidence is not concluded within four months after 12.01.2012, the trial Court will release the petitioners on bail, on their furnishing bail bonds for a sum of ` 1 lac each to its satisfaction. 22.11.2011 (M.M.S. Bedi) vcgarg JUDGE - Crl. Misc. No.M-20648 of 2011 subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. the fact that he has been in judicial custody with effect from 10.06.2009, it is ordered that in case Meena Rani, complainant is not examined within a period of next five months, it will be open to the petitioner to approach this Court for the grant of regular bail. Prosecution is directed to make earnest endeavour to produce Meena Rani in the Court within above Crl. Misc. No.M-14893 of 2010 -2- mentioned period. Disposed of. Taking into facts and circumstances of the case that they are not involved in any other case and coupled with the facts and circumstances of their co- accused having been granted bail, they can be released on bail. The petition is allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court, subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. -