In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 17162 of 2010 (O&M) Date of decision: 27.8.2010 Juber ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.Monisha Lamba, Advocate, for the petitioner. Mr.Amandeep Singh , AAG, Haryana. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 49 dated 3.2.2010, under Sections 399, 402 of the Indian Penal Code read with Section 25 of the Arms Act, 1959 registered at Police Station Sadar Palwal District Palwal. The allegation against the petitioner is that he along with his co-accused was making preparation to commit dacoity. Learned counsel for the petitioner has submitted that the petitioner is in custody since 3.2.2010. Now the case is fixed before the trial Court for prosecution evidence. The petitioner is not required for further investigation. Criminal Misc. No.M- 17162 of 2010 (O&M) -2- Learned State counsel, on the other hand, has opposed this petition. On a query put by this Court, learned State counsel, on instructions from HC Pawan Kumar, has submitted that the petitioner is not involved in any other criminal case. Keeping in view the fact that the petitioner is in custody since 3.2.2010 and conclusion of trial may take time, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Palwal. (SABINA) JUDGE August 27, 2010 anita