IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8949 of 2009 Date of Decision:- 21.07.2009 Amandeep Singh @ Aman Singh ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Harish Sharma, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner contends that the allegation in the F.I.R. is that the petitioner was armed with a base-ball bat and had inflicted a blow on the left arm of complainant-Jatinderjit Singh which resulted in its fracture. He contends that the petitioner was arrested on 26.11.2008 and thereafter the challan was presented in January, 2009 and now the next date of hearing before the trial Court is 3.8.2009 but till date not even a single prosecution witness has been examined. He further submits that the complainant had died after 22 days of the incident due to Septic Shock. The trial of the case is not likely to conclude soon and, therefore, no useful purpose would be served by incarcerating the petitioner any further. Counsel for the State accepts that the challan was presented in January, 2009 and till date, no prosecution witness has been examined. The petitioner had inflicted an injury on the left arm of the Crl.Misc.No.M-8949 of 2009 -2- complainant who had died because of septic shock after a period of 22 days. Despite the submission of challan in January, 2009, not even a single prosecution witness has been examined and further, no apprehension with regard to the tampering with the evidence of the prosecution has been made. Keeping in view the fact that the trial is not likely to conclude soon and also that no useful purpose would be served by further incarcerating the petitioner, this petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. July 21, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE