CRM-M No. 24583 of 2011 **** Baljinder Singh alias Gogi and another vs. State of Punjab Present: Mr. Vivek Goel , Advocate for the petitioners. Mr. S.S.Gill, DAG, Punjab. Mr. K.S.Sidhu, Advocate for the complainant. **** . Learned counsel for the petitioners relies upon the order dated 08.08.2011 passed in CRM-M No. 21594 of 2011 in the case of co-accused which was in the following terms:- “ This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. 116 dated 27.06.2009 registered under Sections 302, 148, 149, 120-B, 34 IPC at Police Station Bagha Purana, District Moga. Learned counsel for the petitioner has relied upon the order dated 27.05.2011 passed in CRM-M No. 7289 of 2010 to contend that the similarly situated co-accused have been granted bail. Learned Deputy Advocate General, on instructions from ASI Gurpal Singh, has accepted these factual assertions. Learned counsel for the complainant has, however, argued that it is a case where a young man was brutally killed and there is a last seen evidence of the petitioner with the said deceased. He has further argued that the prosecution evidence is complete and in case bail is granted the petitioner would have the incentive to delay the trial. Learned counsel for the petitioner has accepted that the prosecution evidence has been concluded. Be that as it may, once it is not denied that similarly situated co-accused have been granted bail., it would be CRM-M No. 24583 of 2011 -2- difficult for this Court to treat the petitioner unequally. In the circumstances, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the trial Court/Duty Magistrate. Ordered accordingly. The trial Court is directed to conclude the trial on or before 15.06.2012. Petition stands disposed of.” Learned counsel for the complainant has stated that after this order the petitioners and the other accused have become very lax in producing the defence evidence. Learned counsel for the petitioners has stated that he would have no objection if a caveat is entered that in case the trial is not concluded up to the date fixed due to any inaction of the accused persons, their bail may be liable to be cancelled. With this further caveat I allow this petition. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Moga. ( AJAY TEWARI ) JUDGE September 16, 2011 sunita