IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-28926 of 2009 (O&M) Date of decision : 30.11.2009 Radhey Dhayam @ Radhey Shyam & anr. ....Petitioners Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Ms.Vandana Malhotra, Advocate for the petitioners. Mr.M.S.Sindhu, Addl.A.G., Punjab for the State. .... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioners in terms thereof in a case registered vide FIR No.111 dated 29.3.2009 under Sections 61/1/14 of Excise Act & 420, 467, 468, 471, 473 of IPC, at Police Station Kharar, District Mohali. The petitioners have been accused of plying a truck with a fake registration number and also having in their possession 350 boxes of various brands of liquor meant for sale in Chandigarh without any permit. Learned counsel for the petitioners contended that the Crl.Misc.No.M-28926 of 2009 (O&M) -2- petitioners are in custody since 29.3.2009 and that having regard to the fact that the investigation is now complete and the trial has commenced, no useful purpose will be served by keeping the petitioners in custody. On the other hand, learned counsel appearing for the State of Punjab contended that the petitioners were found in possession of huge quantity of liquor and also plying a truck with a fake registration number and therefore they do not deserve the concession of bail. After hearing the learned counsel for the parties and having regard to the material on record and also the fact that the charge has since been framed and no further investigation is to be carried out and the trial itself may take some time, the custody of the petitioners any further may not serve any purpose. No apprehension has been expressed that the petitioners are in a position to tamper with the evidence. Having regard to the aforesaid, the instant petition is allowed and the petitioners are directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mohali. Nothing stated herein shall be construed to be an expression on the merits of the case. 30.11.2009 (MAHESH GROVER) JUDGE dss