In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-9814 of 2009 Date of decision: 26.5.2009 Sat Narain ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.K.Malik, Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. This petition has been filed by Sat Narain under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 540 dated 25.10.2008, under Sections 399/402 of the Indian Penal Code and Section 25 of the Arms Act registered at Police Station City Kaithal, District Kaithal. Prosecution case, in brief, is that the petitioner along with his co-accused were preparing for dacoity. The petitioner was apprehended at the spot with an iron rod and a torch. Learned counsel for the petitioner has submitted that the petitioner is in custody for the last more than seven months. Co- accused of the petitioner have already been released on bail by the Criminal Misc. No.M-9814 of 2009 -2- trial Court. Learned Additional Sessions Judge, Kaithal has declined the bail application of the petitioner on the ground that he was involved in five other cases. The petitioner has already been acquitted in FIR No.472 dated 20.10.2003 under Sections 387/ 452/ 506/ 120-B IPC registered at Police Station City Kaithal and FIR No.63 dated 13.6.1989 under Sections 399 and 402 IPC registered at Police Station Julana. So far as FIR No.257 dated 17.9.1988 under Sections 457 and 380 IPC registered at Police Station Kalayat is concerned, the same was against Narinder and he has since been acquitted by the trial Court vide judgment dated 15.2.1997. So far as FIR No.99 dated 14.9.1989 under Section 457 and 380 IPC registered at City Narwana and FIR No.43 dated 17.2.1993 under Section 392 IPC registered at Police Station Sadar Kaithal are concerned, the record relating to them were not available. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner is in custody for the last seven months and his co-accused have already been released on bail and the fact that in two cases the petitioner has already been acquitted and with regard to the other two cases, the record is not available, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Kaithal. (SABINA) JUDGE May 26, 2009 anita