Crl. Misc No. M-31654 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-31654 of 2009 Date of decision : 07.12.2009 Rachpal Singh @ Pala ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. B.S. Baath, Advocate for the petitioner. Ms. R.K. Nihalsinghwala, Sr. DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail to the petitioner in a case registered vide FIR No. 129 dated 24.05.2009 under Sections 399 & 402 IPC at Police Station Banga. Learned counsel for the petitioner submits that allegation in the FIR is that the petitioner was preparing to commit a dacoity. According to the counsel, no dacoity was committed pursuant to the said preparation. He further submits that petitioner is not involved in any case of similar nature. Learned counsel for the State has, however, opposed the prayer for bail on the ground that allegations against the petitioner are serious in nature. She, however, does not dispute the fact that petitioner is not involved in a case under Sections 399 & 402 IPC. She has further submitted that petitioner belongs to some remote area in Uttar Pradesh and, thus, Crl. Misc No. M-31654 of 2009 2 likelihood of his absconding during the pendency of the trial cannot be ruled out. According to her, 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 and circumstances of the case and the period of incarceration already undergone by the petitioner and the fact that trial is already in progress, I deem it appropriate to grant regular bail to the petitioner. Without expressing any opinion on the merits of the case at this stage, the petition is allowed and the petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Nawanshahar. This, however, will be subject to heavy surety as the trial court may deem fit to impose. 07.12.2009 (RAJAN GUPTA) Ajay JUDGE