IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17801 of 2009 (O&M) Date of Decision:- 31 .08.2009 Buta Singh ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.G.P.S.Randhawa, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. Counsel for the petitioner contends that the allegation against the petitioner is that he had hit the injured thrice on his head with his Bala. He submits that this is a question of evidence which is yet to be led by the prosecution. He further submits that the petitioner is in custody since 1.3.2008 and till date, only one prosecution witness out of the 13 prosecution witnesses cited, has been examined. He further contends that an application under Section 319 Cr.P.C. was filed before the trial Court which has been allowed and now Gurinder Singh @ Ginda has been summoned to face trial. Counsel for the State, on the other hand submits that the application under Section 319 Cr.P.C. has been allowed but thereafter Gurinder Singh @ Ginda has been declared a proclaimed offender. He submits that the case is fixed for today for evidence before the trial Court. I have heard counsel for the parties and have gone through the Crl.Misc.No.M-17801 of 2009 (O&M) -2- records of the case. Keeping in view the fact that the trial has not proceeded despite the petitioner being in custody for more than one year and seven months and only one prosecution witness, out of the 13 witnesses cited by the prosecution, has been examined till date and that the trial is not likely to conclude soon, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. August 31, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE