IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-30444 of 2011 Date of decision : November 26, 2011 Fateh Singh ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. GS Kaura, Advocate, for the petitioner Mr. Anil Kumar, Deputy Advocate General, Haryana L.N. Mittal, J. (Oral) Accused Fateh Singh has filed this petition for bail in case FIR No. 115 dated 19.8.2011, under sections 399, 402 IPC, 25 of Arms Act, Police Station Ellenabad. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner along with his five co-accused had assembled in a room and they were making preparation for committing dacoity by robing ATM of Punjab National Bank. An iron rod measuring 3ft x 4 cms. was recovered from the petitioner. Besides it, a pistol was recovered from one co-accused and an iron rod, two iron kappas and one screw driver were recovered from three other co-accused. Criminal Misc. No. M-30444 of 2011 -2- Learned counsel for the petitioner contended that the petitioner is in custody since 19.8.2011 i.e. for more than three months. It was contended that even according to the prosecution version only iron rod was recovered from the petitioner. Learned State counsel, on instructions from ASI Ishwar Singh, stated that petitioner's co-accused are involved in many other cases. However, learned State counsel stated that present petitioner is not involved in any other case. In view of the aforesaid but without expressing any opinion on the merits of the case, the instant petition for bail is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sirsa. ( L.N. Mittal ) November 26, 2011 Judge 'dalbir'