IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc.No.M-32116 of 2009. Date of Decision : 11.01.2010. Ranjit Singh @ Goldy .....Petitioner versus State of Punjab .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Raj Kumar Gupta, Advocate, for the petitioner. Ms.Charu Tuli, Sr.Deputy Advocate General, Punjab. -.- ORDER Surya Kant, J. (Oral) In this application under Section 439 Cr.P.C., the petitioner seeks his release on regular bail in case FIR No.48 dated 24.7.2006 under Sections 302, 201, 364, 148, 149, 120-B IPC, registered at Police Station Kotwali, Ludhiana. The above-stated FIR has been registered on the statement made by Gurmail Singh who has, inter-alia, alleged that he had gone to village Morkeema, P.S.Dhaka, District Ludhiana, to meet his sister who is married with Fateh Singh son of Sardara Singh and at about 8 p.m., his brother-in-law received a phone call on his mobile phone from Manjit Singh Kohli, Taxi Stand, Ludhiana who asked him to bring his Scorpio Vehicle No.PB-10BL-6291 at the taxi stand immediately. The call was received from Mobile No.98159-40881. The brother-in-law (Fateh Singh son of Sardara Singh) of the complainant statedly went alongwith the Scorpio Vehicle immediately to meet the caller, namely, Manjit Singh Crl.Misc.No.M-32116 of 2009 2 Kohli. The complainant, thereafter, came to know that his brother-in-law Fateh Singh did not return and later on his dead body was recovered. The only allegation which surfaced against the petitioner during the course of the investigation was that the mobile phone of the deceased Fateh Singh was recovered from his possession. On the repeated queries, it is not disputed by the State counsel that there is no other proof or evidence except recovery of the above-stated mobile set from the petitioner's custody, to link him with the robbers or the murderers of the deceased. The petitioner was arrested on 24.7.2006 and he is in custody since then. He had earlier applied for bail but his application was disposed of on 26.9.2009 with a direction to conclude the trial within one year. It is informed by the State counsel that 7-8 witnesses have been examined so far and there are about 24 witnesses who are yet to depose. The conclusion of trial is, thus, likely to take some more time. The case of the petitioner appears to be distinguishable from his co-accused against whom there are specific allegations of committing robbery and/or murder of Fateh Singh. For the reasons afore-stated and without expressing any view on the merits of the case, the application is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bounds to the satisfaction of the Chief Judicial Magistrate, Ludhiana. 11-01-2010 (SURYA KANT) Mohinder JUDGE