IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 31854 of 2008 Date of Decision:- 2.3.2009 Shamsher & Anr Versus State of Haryana. Present:- Mr. Sandeep Sheoran, Advocate, for the petitioners. Mr. S.S.Goripuria, DAG, Haryana. M.M.S.BEDI. (J) (Oral) Petitioners Shamsher and Virender had allegedly conspired to cause the death of Davender. Before the occurrence, they had allegedly called Davender on 5.4.2008. Davender had allegedly an eivil eye on the sister of accused-Sunil for which reason he was killed by Sunil in conspiracy with the petitioners. Circumstantial evidence is available against the petitioners in the shape of disclosure statement of co-accused of the petitioner that they had thratened Davender on 5.4.2008 by calling him on Dabra Chowk and that Sunil had killed Davender whereas Kamal and Sunil had taken the dead body on scooter and threw it in one canal. The next date of hearing before the trial Court is stated to be 6.4.2009. It is no doubt true that disclosure statement is considered to be a weak evidence but it will not be appropriate to appreciate circumstantial evidence lest it should cause prejudice to the petitioner. No doubt petitioners are in custody since 7.4.2008, but the balance has to be struck between the right of personal liberty of the petitioner and the right of the prosecution agency to produce the entire evidence. Without hinderence or chance of tampering with evidence is remote, in the interest of justice while dismissing this petition a direction is Crl. Misc. No. M- 31854 of 2008 -2- given to the trial Court that it will conclude the trial within a period of three months after the next date of hearing fixed for evidence. In case trial is not concluded within the specified period, it will be open to the petitioner to approach this Court again. March 2, 2009 (M.M.S.Bedi) tripti Judge