Crl. Misc. No. M-38194 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-38194 of 2010 Date of decision : 2.2.2011 Smt. Mamta ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jai Vir Yadav, Advocate for the petitioner. Mr. Vikas Malik, AAG, Haryana. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 302 read with Section 34 IPC at Police Station Sarai Khawaja, Faridabad, vide FIR No.310 dated 28th July, 2010. Learned counsel for the petitioner submits that petitioner was unarmed at the time of occurrence and only kick and fist blows are attributed to him. He further submits that petitioner is in custody since 28th July, 2010 and the trial of the case is already in progress, thus, no useful purpose will be served by detaining the petitioner in custody any longer. Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, does not dispute the period of incarceration of the petitioner and the fact that trial is in progress. Crl. Misc. No. M-38194 of 2010 2 Heard. Keeping in view the facts and circumstances of the case and the period of incarceration of the petitioner, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. The trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Faridabad. (RAJAN GUPTA) JUDGE 2.2.2011 'rajpal'