CRM No. M-19849 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-19849 of 2011 Date of Decision : 30.09.2011 Ishar Singh .......... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Padam Jain, Advocate for the petitioner, Mr. K.S. Punnu, D.A.G. Punjab, **** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner is involved in an FIR, which is registered on a secret information, according to which the petitioner alongwith four others was preparing to commit dacoity and robbery. Firstly, he contends that the petitioner was not apprehended at the spot and was arrested on the next day i.e. 16.05.2011. whereas, FIR is of dated 15.05.2011. He contends that the place where preparation is being shown for committing the dacoity and robbery is adjacent to the office of CIA Staff and District Forest Officer, which is a totally unlikely place for such preparation. The challan against the petitioner has been presented in Court on 14.06.2011 and the charge was framed on 28.07.2011 but till date not even a single witness has been examined, although, 12 witnesses have CRM No. M-19849 of 2011 -2- been cited. Counsel for the State could not controvert any of the assertion put forth by the counsel for the petitioner. In the light of the uncontroverted facts as asserted by the petitioner's counsel as recorded above and keeping in view the fact that the trial is not likely to conclude soon, as not even a single witness has been examined till date and the petitioner was not apprehended from the spot, prayer made by the petitioner is allowed. Petitioner is directed to release on bail to the satisfaction of the trial Court. 30.09.2011 (AUGUSTINE GEORGE MASIH) harjeet JUDGE