Criminal Misc.No.M-27681 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 17.9.2010 Pardeep alias Bhagta son of Mahabir ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Bijender Dhankhar, Advocate for the petitioner. Mr.Tarun Aggarwal, Senior Deputy Advocate General, Haryana. M ehinder S ingh S ullar , J . (Oral) Having exercised his right of bail and lost in the Court of Session, petitioner Pardeep alias Bhagta son of Mahabir, has directed the present petition for regular bail, in a case registered against him alongwith other co-accused, namely, Sandeep, Pardeep alias Kala and Neeraj Kumar, vide FIR No.54 dated 1.2.2009, on accusation of having committed the offence punishable under sections 302, 201 and 120-B IPC and section 25 of the Arms Act, by the police of Police Station Ganaur, District Sonepat, invoking the provisions of section 439 Cr.PC. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the petitioner is entitled to regular bail in the instant case. 4. It is not a matter of dispute that there is no direct evidence against the petitioner. The case of the prosecution revolves around the circumstantial evidence. Whether the chain of circumstantial evidence of the prosecution would Criminal Misc.No.M-27681 of 2009 2 be complete, will be the moot point, to be decided by the trial Court. The prosecution has pressed into service the evidence of last seen and recovery of weapon of offence and cartridges. The petitioner was arrested on 11.2.2009. Since then, he is in judicial custody. He is no longer required for further detention for any purpose. Moreover, the basic rule is bail and not jail in such like cases of weak evidence. 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of trial Court. 7. The instant petition is disposed of accordingly. 17.9.2010 (Mehinder Singh Sullar) AS Judge