IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 1962 of 2010 Date of decision: 28.4.2010 Rajinder Kumar @ Jindu Petitioner vs. State of Punjab Respondent Present: Mr. RK Gupta, Advocate. Mr. BBS Teji, AAG, Pb M.M.S.BEDI,J. Learned counsel for the petitioner submits that on account of petitioner having been in custody since 17.5.2006, he deserves to be released on bail during the pendency of the trial. Learned State counsel, on the instructions of SI Dev Raj, informs that almost all the witnesses except for two witnesses of prosecution stand already examined and that the next date of hearing before the trial is 11.5.2010. Learned counsel for the petitioner has submitted that it is only on the basis of alleged recovery of gold articles that the petitioner and others have been implicated in the case. There is neither any direct evidence nor any substantial circumstantial evidence against the petitioner to connect him with the crime, is available. I have heard learned counsel for the parties. It has been informed that 13 witnesses have already been examined. In order to determine whether prima facie it is a case of conviction on the basis of the statement of the witnesses, prima facie appreciation of evidence would be required. The said step might prejudice the right of the prosecution or the petitioner. Taking into consideration the fact that the case is at penultimate stage, without expression of any opinion on merits, the petition is disposed of with a direction to the trial court to conclude the trial within two months after the next date of hearing i.e. 11.5.2010. In case the trial is not concluded, as directed, the petitioner will be entitled to be released on bail by the trial court. April 28 ,2010 ( M.M.S.BEDI ) TSM JUDGE