Criminal Misc. No. M-5233 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5233 of 2010 Date of decision : 20.04.2010 Sukhjit Singh @ Mintu ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. J.S. Puri, Additional Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure praying for regular bail in a case registered against the petitioner vide FIR No. 202 dated 27.11.2008 under Sections 307, 324 & 34 IPC at Police Station Chheharta, Amritsar. Learned counsel for the petitioner submits that petitioner has been in custody for the last one year and five months and trial of the case is still pending. He has drawn the attention of the court to order passed on 09.11.2009 dismissing the bail application preferred by the petitioner. According to counsel, at that stage a statement was made by the State that only four prosecution witnesses remained to be examined and trial was nearing its culmination. He submits that trial has hardly made any progress since then and the petitioner continues to be in custody. Learned counsel for the State has opposed the prayer for grant of bail on the ground that allegations against the petitioner are serious in Criminal Misc. No. M-5233 of 2010 2 nature. He, however, does not dispute the fact (on instructions from ASI Naresh Kumar, who is present in court) that trial of the case is still pending and is at the stage of prosecution evidence. Keeping in view the fact that petitioner has been in custody for one year and five months and trial of the case may still take some time to conclude, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail to the satisfaction of the trial court. April 20, 2010 (RAJAN GUPTA) Ajay JUDGE