IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-2233 of 2009 (O&M) Date of decision: 28.8.2009 Gurjinder Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. B. D. Sharma, Advocate for the petitioner. Mr. Mehardeep Singh, DAG, Punjab. .. Rajesh Bindal J. The petitioner is an accused in FIR No. 120 dated 22.10.2004, registered at Police Station, Sadar Moga, under Sections 399, 402 IPC read with Section 25/54/59 of the Arms Act and Section 4/5 of the Explosive Substances Act. Learned counsel for the petitioner submitted that the petitioner is in custody for the last four years and ten months, as he was arrested immediately on the date when the FIR in question was registered. In spite of the fact that about five years have passed, prosecution has not completed its evidence. There are in total seven prosecution witnesses out of which only two have been examined. The other co-accused in the present FIR were released way back in the year 2005, however, the petitioner did not approach the Court as he had no one to pursue his case and that is why he is in custody. The fact that the trial is not proceeding is not even disputed by learned counsel for the State. Considering the fact that the petitioner is in custody for the last four years and ten months and the trial is not proceeding, he cannot be kept in jail for indefinite period. Accordingly, he is directed to be released, pending trial, on his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Moga. The petition stands disposed of. (Rajesh Bindal) Judge 28.8.2009 mk