IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-23871 of 2009 Date of Decision:- 27.10.2009 Surjit Kaur ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Saurav Khurana, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. Counsel for the petitioner contends that although the petitioner was initially declared as proclaimed offender but thereafter on his arrest, he is in custody since 3.2.2009. He contends that the trial is not proceeding at all. Out of the 11 prosecution witnesses, not even single witness has been examined till date. The next date of hearing is 28.10.2009. He undertakes that the petitioner shall appear on all dates before the trial Court and shall not absent himself from the trial proceedings. Counsel for the State, on the other hand, submits that the allegations against the petitioner are serious and he has absented himself from the trial proceedings earlier also leading to his being declared as proclaimed offender. I have heard counsel for the parties and have gone through the records of the case. Keeping in view the fact that the petitioner is in custody since the date of his arrest i.e. 3.2.2009 and the trial in the case is Crl.Misc.No.M-23871 of 2009 -2- not proceeding as not even a single prosecution witness has been examined till date out of total 11 witnesses. The trial is not likely to conclude soon and the continuance of the petitioner in custody for the unlimited time would not be justified. In view of the above, the present petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the trial Court. October 27, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE