IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26691 of 2009 (O/M). Date of Decision : November 03, 2009. Raj Kumar and another ...... Petitioner(s). Versus. State of Haryana ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Bikram Chaudhary, Advocate, for the petitioner (s). Mr. A.K. Jindal, A.A.G. Haryana. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioners states that except the extra judicial confession alleged to have been made by petitioner No. 1 Raj Kumar son of Mohinder Singh, wherein he has stated that he had made his brother Subhash drink excessive alcohol on the occasion of Holi with him and then had thrown him in the canal, there is no other evidence available with the prosecution, connecting the petitioners with the offence. He further contends that even the dead body of the deceased had not been recovered. One unknown dead body was recovered, which had been alleged to be that of the deceased, but the same had never been shown to the complainant-mother of the deceased. He further contends that the petitioners are in custody since 24.04.2009. He further contends that the next date before the Trial Court is 09.11.2009 and the prosecution has cited 13 witnesses, but not even one has been examined till date. Criminal Misc. No. M-26691 of 2009 . Counsel for respondent-State is unable to rebut the contentions as has been raised by counsel for the petitioners. He, however, contends that in the light of extra judicial confession made by petitioner No. 1 before Shamsher Singh, the petitioners should not be granted the benefit of bail. I have heard counsel for the parties and have gone through the records of the case. In view of the assertions made by counsel for the petitioners and also keeping in view the fact that out of 13 prosecution witnesses, not even one witness has been examined till date and the petitioners are in custody since 24.04.2009, the trial is not likely to conclude soon and the keeping of the petitioners in jail, would in no case help the prosecution, the present petition is allowed. The petitioners are directed to be released on bail to the satisfaction of the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE November 03, 2009. sjks. -2-