Criminal Misc. No. M-10324 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-10324 of 2009 Date of decision: August 17, 2009 Surjit Singh -Petitioner Versus State of Punjab -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. AS Kalra, Advocate, for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. Rajan Gupta, J.(Oral) Mr. Kalra submits that the petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-accused Surinderpal Singh. Counsel further submit that the petitioner has been in custody almost for the last three years and the case is triable by the Magistrate. Learned State counsel, however, opposes the prayer for bail on the ground that the petitioner is a habitual offender and is involved in a number of other cases. According to him, in case the petitioner is to be enlarged on bail, stringent conditions be imposed in order to prevent him from evading the process of law. Keeping in view the fact that the petitioner is in custody for the last three years and the case is triable by the Magistrate as also the fact that the trial may take a considerable time to conclude, no useful purpose will be served by detaining him in custody pending trial. So, without expressing Criminal Misc. No. M-10324 of 2009 2 any opinion on merits of the case, the instant petition is allowed and the petitioner is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate, Ludhiana. This, however, will be subject to heavy surety and any other condition, which the trial court may deem fit to impose. [Rajan Gupta] Judge August 17, 2009. 'ask'