IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-19815 of 2009 (O&M) Date of Decision:- 16.11.2009 Gobind Ram ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Deepak K.Sharma, Advocate, for the petitioner. Mr.Yashpal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. Counsel for the petitioner contends that the petitioner has been named by his co-accused. It is alleged that a disclosure statement has been made by the petitioner wherein he has stated that the number plate of the motor-cycle had been thrown by him in the Bhakra Canal. He contends that no recovery has been effected from the petitioner. The petitioner is in judicial custody since 23.3.2009. He further contends that the main accused Surinder Kumar from whom the motor-cycle has been recovered has since been released on regular bail by the trial Court. He contends that the petitioner is neither named in the FIR nor any recovery has been effected from him and his case is on better footing than that of his co-accused Surinder Kumar who has since been released on regular bail by the trial Court. Therefore, he prays for grant of regular bail. On the other hand, counsel for the State, submits that there are other cases also registered against the petitioner and he is involved in other Crl.Misc.No.M-19815 of 2009 (O&M -2- crimes as well. On a question asked by this Court as to whether any recovery has been effected from the petitioner in other cases as well, counsel for the State has stated that there is nothing on record to suggest the same. I have heard counsel for the parties and have gone through the records of the case. In view of the fact that the petitioner is in custody since 23.3.2009 and no recovery has been effected from him and the main accused Surinder Kumar, from whom the stolen motor-cycle was recovered, has since been released on regular bail by the trial Court, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. November 16, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE