Crl. Misc.-M.No.20104 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.-M.No.20104 of 2011 (O&M) Date of Decision:09.11.2011. Pawan Thakur @ Kaka @ Pawan Kumar .....Petitioner Versus State of Punjab .....Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ritesh Pandey, Advocate, for the petitioners Mr. K.S.Pannu, DAG, Punjab. RAJESH BINDAL, J. Prayer in the present petition is for grant of bail, pending trial. Learned counsel for the petitioner submitted that the petitioner was not named in the FIR and he was summoned by the Court below on an application filed by the prosecution under Section 319 Cr.P.C. He is in custody since 31.03.2011. Two eye- witnesses have already been examined, who did not support the prosecution version. The complainant is not forthcoming to get his statement recorded. It is so recorded even in order dated May 30, 2011, passed in CRM. M-No. 5116 of 2011, Ranjit Singh @ Jeet Vs. State of Punjab, where co-accused, who was challaned was granted bail by this Court. The position as on today remains the same. On the other hand, learned counsel for the State submitted that after the petitioner was summoned as an additional accused to face trial he was declared proclaimed offender on 19.12.2010. However, he surrendered on March 31, 2011 and since then he is in custody. Crl. Misc.-M.No.20104 of 2011 (O&M) -2- Learned counsel for the State further submitted that the petitioner was summoned as an additional accused to face trial shows that there is sufficient material against him. However, he did not dispute the fact that two of the eye-witnesses who appeared in Court have not supported the version of the prosecution and the complainant is not forthcoming to get his statement recorded. After hearing learned counsel for the parties and considering the fact that two eye-witnesses to the alleged crime have not supported the prosecution version and complainant is not forthcoming to get his statement recorded and further grant of bail to Ranjit Singh @ Jeet vide order dated 30.05.2011 passed in Criminal Misc.-M No. 5116 of 2011, in my opinion, the petitioner deserves concession of bail, pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. Petition stands disposed of. ( Rajesh Bindal) Judge 09.11.2011 harjeet