Crl. Misc. No. M-69 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-69 of 2011 (O&M) Date of decision : 15.2.2011 Naresh @ Kalia ...Petitioner Versus State of U.T. Chandigarh ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. C.L. Pawar, Advocate for the petitioner. Mr. Sarfraj Hussain, Standing counsel for U.T. Chandigarh. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 399, 402, 353 read with Section 34 IPC at Police Station Sector 26, Chandigarh, vide FIR No.145 dated 22nd July, 2010. Learned counsel for the petitioner submits that petitioner has been in custody for last about seven months and trial of the case is still pending. He further submits that no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial. Learned State counsel (on the instructions from S.I. Baljinder Singh, who is present in court) has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, does not dispute the fact that trial is at the stage of recording of prosecution evidence and three prosecution witnesses have already been examined. Crl. Misc. No. M-69 of 2011 2 Heard. Keeping in view the aforesaid contentions and the period of incarceration of the petitioner and the fact that trial may take some time to conclude, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Chandigarh. (RAJAN GUPTA) JUDGE 15.2.2011 'rajpal'