IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9423 of 2009 (O/M) Date of Decision : October 21, 2009. Vishal Sharma .............Petitioner(s). Versus. Union Territory, Chandigarh ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. R.K. Sharma, Advocate, for the petitioner(s). Mr. Hemant Bassi, Advocate, for Union Territory, Chandigarh. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner contends that the petitioner is in custody since 21.09.2008. He further contends that the present case was of a sudden fight, which occurred between the parties, when he was travelling in his car and there was a collusion between the two vehicles and thereafter, a sudden fight took place at the light point of Sector-15/16, Chandigarh, even if the allegations as mentioned in the F.I.R. are taken to be correct. His further contention is that all the material witnesses have since been examined and only official witnesses are left and further incarceration of the petitioner in custody would not in any manner help the case of the prosecution and the next date of hearing before the Trial Court is 16.11.2009. His further contention is that a cross case was also registered as the petitioner had also received five injuries in the fight, out of them two were declared grievous and three were declared simple in nature. He on this basis prays for grant of concession of bail during the pendency of the trial. Crl. Misc. No. M-9423 of 2009 . On the other hand, counsel for Union Territory, Chandigarh, although, does not dispute the factual assertions made by counsel for the petitioner, but contends that the petitioner is the main accused, who is alleged to have used Gatra to hit the deceased with the same and, therefore, should not be granted the benefit of bail at this stage. He states that on investigation of the cross version, the same has not been found to be correct for the reason that when he had attacked the deceased, the mob had gathered there and the injuries were given by the people gathered there and, therefore, the said case was submitted as untraced in Court. I have heard counsel for the parties and have gone through the records of the case. In view of the fact that the petitioner is in custody since 21.09.2008 as also keeping in view the fact that all the material witnesses have been examined and only three formal witnesses, i.e., one doctor from C.F.S.L., Investigating Officer and an official, who had taken the samples to C.F.S.L., are to be examined, who are not likely to be influenced by the petitioner and further the petitioner is in custody for more than one year, therefore, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court. Any observations made herein above, shall have no bearing on the merits of the case, pending against the petitioner, before the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE October 21, 2009. sjks. -2-