Crl. Misc. No. M-37446 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-37446 of 2010 (O&M) Date of decision : 19.1.2011 Naib Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. P.S. Ahluwalia, Advocate for the petitioner. Mr. Tarun Aggarwal, Senior DAG 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 420 IPC at Police Station City Tohana, District Fatehabad, vide FIR No.97 dated 15th April, 2010. Learned counsel for the petitioner submits that petitioner is in custody since 13th November, 2011. According to him, the main accused in this case, namely Shamsher Singh has already expired on 19th December, 2010. Learned counsel submits that in view of the fact that investigation of the case is still pending, the petitioner is even otherwise entitled to bail in view of the provisions of Section 167 (2) Cr.P.C. Learned State counsel has not seriously opposed the prayer for bail. Heard. In view of the fact that the petitioner has been in custody Crl. Misc. No. M-37446 of 2010 2 for almost two months and the case is triable by the Magistrate, 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, Fatehabad. (RAJAN GUPTA) JUDGE 19.1.2011 'rajpal'