Crl.M.No.M-34505 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-34505 of 2010(O&M) Date of Decision: February 7, 2011 Safi .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sanjeev Kumar Panwar, Advocate for the petitioner. Mr.Indersh Goel, Additional Advocate General, Haryana. ..... RAM CHAND GUPTA, J.(Oral) 1. The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.204, dated 8.5.2008, registered under Section 395 IPC, at Police Station Sadar Palwal, District Palwal. 2. I have heard learned counsel for the parties and have gone through the whole record carefully. 3. It has been contended by learned counsel for the petitioner- accused that co-accused of the petitioner already faced trial and have been acquitted by learned trial Court vide judgment Annexure P2, as none of the witnesses of the prosecution supported the case of the prosecution. It is further contended that case of present petitioner-accused is also similar to the co-accused, who have been acquitted by learned trial Court. It is also contended that though earlier petitioner was declared as proclaimed offender and however, now he has been continuing in custody since 2.7.2010 and that challan has already been filed, charge framed and some of the witnesses have also been examined against him as well and they have also not supported the prosecution version. 4. These facts have not been disputed by learned State counsel. However, bail application has been opposed merely on the ground that two more accused are yet to be arrested. Crl.M.No.M-34505 of 2010(O&M) -2- 5. However, there are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 6. In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Safi for grant of regular bail is allowed. 7. Bail to the satisfaction of CJM/Duty Magistrate, Palwal. 7.2.2011 (Ram Chand Gupta) meenu Judge