IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 36443 of 2010 Date of decision:3.2.2011 Satnam Singh @ Gaggi Petitioner vs. State of Haryana Respondent Present: Mr. Balwinder Singh, Advocate Mr. PS Sullar, DAG, Hry M.M.S.BEDI,J. It has been reported that the trial is fixed for 9.2.2011 for recording the statement of the accused u/s 313 Cr.P.C. It has been informed by the State counsel, on the instructions of ASI Balwinder Singh, that statement u/s 313 Cr.P.C. has already been recorded and the case is fixed for recording of defence evidence. I have considered the facts and circumstances of this case. The petitioner was allegedly found travelling along with two other persons in Scorpio when recovery was effected after the Scorpio having been intercepted by the police party. The petitioner was sitting in the middle seat and was captured on the spot whereas the driver and other occupant of the vehicle escaped in presence of the police party. The said two persons i.e. Jaswinder Singh and Satnam Singh have been granted the concession of regular bail. The petitioner has been in custody w.e.f. 12.10.2008. A period of 2 years and 3 months has elapsed. While disposing of the earlier application of the petitioner for bail on 22.7.2010, a direction was given to the trial court to expeditiously dispose of the trial, preferably within a period of ¾ months after a receipt of a certified copy of the order. Taking into consideration the totality of the circumstances and stage of the case, it is deemed appropriate that chances of tampering with the evidence are remote and the period of detention, suffered by the petitioner will be sufficient enough to have a deterrent affect upon him not to commit the similar offence again. The right of the petitioner to produce defence evidence will be prejudiced in case he is not granted the concession of bail, especially when his co-accused, similarly circumstanced, have been granted the concession of bail. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bond/ surety bond to the satisfaction of the trial court. February 3 ,2011 ( M.M.S.BEDI ) TSM JUDGE