IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17638 of 2009 (O/M). Date of Decision : August 28, 2009. Malkhan @ Tony son of Ramesh resident of Village Sujaan Pur, P.S. Rasulabad, District Mhati (U.P.), presently residing at Village Jatt Wali P.S. Sadar Fazilka, District Ferozepur. (Presently confined in Central Jail, Ferozepur). ...... Petitioner . Versus. State of Punjab. ..... Respondent . CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Avtar S. Khinda, Advocate, for the petitioner . Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent-State. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner contends that the allegations against the petitioner to the extent that he had given four pastries to the complainant and his wife, which instead of eating, they had given to the goat, who died soon after eating the pastries. He further contends that the petitioner is in custody since 21.01.2009 and till date even not a single witness has been examined. He further contends that the charge has already been framed in April, 2009, and in the light of the fact that there are 11 witnesses, who are to be examined and till date none of the witnesses have been examined, therefore, the trial is not likely to conclude soon. On the other hand, counsel for the respondent-State submits that the chemical examiner report clearly shows that poison was mixed in the Criminal Misc. No. M-17638 of 2009. pastries and the goat had died because of poison in it. He on this basis submits that the petitioner should not be enlarged on bail. I have heard counsel for the parties and have gone through the records of the case. Keeping in view the fact that the petitioner was arrested on 21.01.2009 and the charge having been framed on 15.04.2009, but till date none of the witnesses have been examined and further that 11 witnesses have to be examined in the case by the prosecution, the trial is not likely to conclude soon, therefore, detention of the petitioner in jail would not serve any purpose. In view of the above, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE August 28, 2009. sjks. -2-