Crl. Misc. No.M-7580 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-7580 of 2010 Date of Decision: July 5, 2010 Braham Pal and another …..Petitioners Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Baldev Singh, Senior Advocate with Mr. Deepender Singh, Advocate for the petitioners. Mr.S.S. Mann, Sr. DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) Petitioners have been in custody for the last almost 9 years. They faced trial alongwith 13 other persons and had been awarded sentence of life imprisonment. Vide order dated September 26, 2009, the High Court had set aside the order of conviction passed by the trial Court against the petitioners and remanded the case back for trial from the stage of framing of charges. Order of the High Court has been upheld by the Supreme Court. Crl. Misc. No.M-7580 of 2010 [2] Despite there being a direction by the Division Bench of this Court in September 2005 to complete the trial within a period of six months, period of more than five years has elapsed but the trial has not been concluded. The period of detention as under-trial for 9 years goes contrary to the fundamental right of an accused for expeditious trial. It affects the liberty to an individual. Most of the witnesses seem to have turned hostile. It would not be appropriate at this stage to consider the evidence produced by the prosecution agency against the petitioner and others. Case of the petitioners is at par with the other co-accused who have been granted the concession of bail. Adopting the principle of parity and taking into consideration the prolonged detention as under-trial, the petitioners are entitled to the concession of bail. Petition is allowed. It is ordered that petitioners will be released on bail on their furnishing bail bonds for a sum of Rs.1 lac with two sureties of the like amount each to the satisfaction of the trial Court. An additional condition is imposed upon the petitioners that in case they commit any offence during the pendency of the trial, the prosecution agency will be at liberty to seek the cancellation of the bail. July 5, 2010 (M.M.S.BEDI) sanjay JUDGE