IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-20171 of 2009 (O&M) Date of decision : 22.9. 2009 Yadwinder Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Naresh Jain, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.41 dated 15.3.2009 under Sections 382 IPC at Police Station Dharamkot, District Moga. Learned counsel for the petitioner contended that he has been falsely implicated and in the FIR his name is not mentioned. He further contended that he is in custody since 2.5.2009. Learned counsel for the State, on the other hand, on instructions from HC Jagtar Singh pointed out that the petitioner is involved in similar activities and two other FIRs have also been registered against him. Crl.Misc.No.M-20171 of 2009 (O&M) -2- After hearing the learned counsel for the parties, I am of the considered opinion that the present petition deserves to be allowed for the reason that the petitioner is in custody since 2.5.2009 and the fact that challan has already been presented in this case and that the trial is likely to take some time. Consequently, the petition is allowed and the petitioner are directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Moga. He shall ensure heavy surety from the petitioner considering his previous track of record. Nothing said herein shall be construed to be expression of opinion on the merits of the case. 22.9.2009 (MAHESH GROVER) JUDGE dss