IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28715 of 2009 Date of decision : 10.12.2009 Karnail Singh …. Petitioner Versus State of U.T., Chandigarh …. Respondent Present: Mr. D.S. Marwaha, Advocate for the petitioner. Mr. Jasmandeep Singh, Advocate for Mr. Anupam Gupta, Advocate for U.T., Chandigarh. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 460, 302, 394 and 397 Indian Penal Code at Police Station Sector-3, Chandigarh. A reading of the order dated 17.9.2009 passed by the learned Additional Sessions Judge, Chandigarh would show that an endeavour is being made by the learned Additional Sessions Judge, Chandigarh to conclude the trial in the case. It has been observed that the evidence of the prosecution would be concluded on 23.10.2009. However, it has not so far been concluded. Learned counsel for the petitioner has submitted that the case is not remotely made out against the petitioner and there is nothing to establish the involvement of the petitioner in the alleged murder of Gum Bahadur. Even the weapon used in the commission Crl. Misc. No. M-28715 of 2009 [2] of the murder of Gum Bahadur is not shown to have been recovered from the room in the Leisure Valley, Sector-10, Chandigarh where Gum Bahadur (deceased) was staying. According to the learned counsel for UT, Administration, however, the case has been solved and the accused traced after intensive investigation. It is stated that the deceased Gum Bahadur was a Chowkidar in the Government Museum, Sector-10, Chandigarh and the petitioner was engaged as a security personnel for the Carnival Festival in the Leisure Valley at Sector-10, Chandigarh. Therefore, the petitioner came to be on friendly terms with Gum Bahadur (deceased). On the same evening on which Gum Bahadur was found dead, the petitioner and Gum Bahadur were seen together and they had taken drinks together. It is submitted that it is after tracing the call records of the mobile phone of the deceased Gum Bahadur which had been taken by the petitioner, that he was apprehended. According to the learned counsel for the petitioner, the story of having drinks together by the petitioner and Gum Bahadur is absolutely false as Dr. R.M. Tripathi, Senior Scientific Officer, Director of Forensic Science Laboratory who has been examined as PW14 has stated in his cross-examination that he had conducted a test pertaining to the presence of alcohol in the stomach of the deceased and as per the test report (Ex.1 to Ex.5), presence of alcohol was not detected. This aspect would more appropriately be considered by the learned trial Court and it would be premature to go into the same Crl. Misc. No. M-28715 of 2009 [3] at this stage. As already noticed the learned Additional Sessions Judge is making an endeavour to conclude the trial early, therefore, at this stage, it would be inappropriate to extend the concession of bail. Considerable number of witnesses have been recorded and even short dates are being given. In the circumstances, no ground for grant of bail is made out at this stage. The Crl. Misc. petition is, accordingly, dismissed. (S.S. SARON) JUDGE December 10, 2009 Amit/A.Kaundal