Crl. Misc No. M-1614 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-1614 of 2010 Date of decision : 05.02.2010 Madhu and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Sushma Chopra, Advocate for the petitioners. 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 petitioners vide FIR No. 175 dated 27.08.2008 under Sections 365, 376, 201, 171 & 120-B IPC at Police Station Gobindgarh Mandi, District Fatehgarh Sahib. Learned counsel for the petitioners contends that the petitioners have been in custody since 29.08.2008 and trial of the case is still pending. According to her, earlier petition (Crl. Misc. No. M-15600 of 2009) preferred by the petitioners was withdrawn on 20.10.2009 with liberty to file a fresh one in case trial is not concluded within two months. Learned counsel submits that trial of the case is still pending and no useful purpose would be served by detaining the petitioners in custody any longer. Learned counsel for the State has opposed the prayer for bail on Crl. Misc No. M-1614 of 2010 2 the ground that petitioners are involved in the commission of serious crime. He, however (on instructions from Inspector Surinder Singh, who is present in court) does not dispute the fact that trial of the case is still pending and two prosecution witnesses remain to be examined. Keeping in view the facts and circumstances of the case particularly the fact that trial of the case is still pending and both the petitioners are ladies, I feel they deserve to be enlarged on bail. They have been in detention for almost one and half year and material witnesses have already been examined. I thus, deem it appropriate to grant regular bail to them. Without expressing any opinion on the merits of the case the petition is allowed and they are ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehgarh Sahib. February 05, 2010 (RAJAN GUPTA) Ajay JUDGE