IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.854 -M of 2010 DATE OF DECISION : FEBRUARY 9, 2010 BHOLA SINGH ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. AK Walia, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, has been filed for bail in FIR No.130 dated 20.9.2005 under Sections 302, 307, 148, 149, 120-B, Indian Penal Code, and Sections 25/27 of the Arms Act, Police Station, Lehra, District Sangrur. Learned counsel for the petitioner contends that the petitioner has been in custody since 19.4.2006 i.e. for a period of 3 years and 10 months (approximately). It has further been contended that the complainant and both the eye witnesses have not supported the prosecution case, as would be evident from the statements placed on record as Annexures P-3, P-4 and P-6. Criminal Misc. No.854 -M of 2010 2 Learned counsel for the respondent-State does not dispute that the most relevant witnesses have not supported the prosecution case. I have considered the issue. It is not in dispute that the petitioner has been in custody for a period of 3 years and 10 months (approximately). Ajaib Singh appeared as PW-2 and had to be declared hostile. He has stated that no occurrence took place in his presence. Devinder Singh was examined as PW-3. The said witness has also stated that he had returned to his house due to illness and no occurrence took place in his presence. Likewise, Darshan Singh appeared as PW-5 and took the stand that he did not know anybody who was present there. He was declared hostile. Considering the custody period, as also the fact that most relevant witnesses have not supported the prosecution case, this petition is allowed. Bail to the satisfaction of the trial court. February 9, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?