IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-18176 of 2009 Date of Decision : September 01, 2009 Israil son of Fajjar .... Petitioner Vs. State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Rajesh Lamba, Advocate for the petitioner. Mr. Dheeraj Bhutani, AAG, Haryana. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner is in custody since 27.06.2009. He contends that the allegation against the petitioner is that the petitioner along with other three people had sold a metal showing it to be gold and took Rs. 3,25,000/- from the buyer. He further contends that no recovery has been effected from the petitioner and the amount of Rs. 3,25,000/- has also been recovered from the other three co-accused. He contends that in the light of the above, the petitioner appears to have been roped in and he has no role to play in selling of the gold. It is further his contention that the challan has been presented and charge has also been framed but no prosecution witness has been examined as yet. Crl. Misc. No. M-18176 of 2009 -2- Counsel for the State submits that the allegations against the petitioner are quite serious as he along with three persons had sold a metal, which was in fact not gold but showing it to be gold and had received money for the same. The said metal was found and, therefore, they are cheating people. He contends that although he does not dispute this factum that no recovery has been effected from the petitioner but he submits that he should not enlarged on bail at this stage. I have heard the counsel for the parties and have gone through the FIR and the contents thereof. The factual position being that the petitioner is in custody since 27.06.2009 and no recovery has been effected from him, the trial is not likely to conclude soon and the investigation is complete, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. September 01, 2009 (AUGUSTINE GEORGE MASIH ) pj JUDGE