IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 24061 of 2010(O&M) Date of Decision: November 17, 2010. Jai Singh ...... PETITIONER(s) Versus State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. R.N.Kush, Advocate for the petitioner. Mr. P.M.Anand, Addl.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR No.413 dated 03.10.2008, under Sections 302/34/120-B IPC and Section 25 of Arms Act, 1959, registered at Police Station city Fatehabad, District Fatehabad. I have heard learned counsel for the parties and gone through the record. Brief case of prosecution is that, murder of Vijay Sharma was committed on 03.10.2008 by two young boys who had come on motorcycle. CRM No.M-24061 of 2010 During investigation, on suspicion co-accused, Mohinder Singh was arrested who made a disclosure statement that he got Vijay Sharma murdered by paying money to petitioner-accused, Jai Singh and co-accused Wajir Singh. On the basis of disclosure statement cartridges were recovered from co- accused Wajir Singh. It has been argued by the learned counsel for the petitioner that co-accused, Wajir Singh has already been granted bail by this Court vide order dated 14.01.2010 passed in Crl.Misc.No.M-26885 of 2009. Further contended that there is no evidence against the petitioner-accused and that he has been continuing in custody since 25.10.2008. Further contends that even PW5 -Anil Kumar vide statement Annexure P2 and PW10 -Suresh Kumar, who is a practising advocate, vide statement Annexure P3 have not supported the prosecution version. Further contends that though this Court has ordered for expeditious trial of this case and however, the case has been adjourned for 12.01.2011 by learned trial Court as the presiding officer would remain on leave on account of marriage of his daughter. Hence, it is contended that trial is not likely to be concluded in near future. Learned counsel for the State has not disputed these facts. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Jai Singh is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Fatehabad. 2 CRM No.M-24061 of 2010 ( RAM CHAND GUPTA ) November 17, 2010. JUDGE 'om' 3