IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22051 of 2009 (O&M) Date of decision : 24.9. 2009 Baljeet Singh ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Ashwani Bakshi, Advocate for the petitioner. Mr.Deepak Girotra, AAG, Haryana for the State. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.380 dated 11.11.2008 under Sections 392/201/412/120-B IPC at Police Station Samalkha, District Panipat. The petitioner is facing accusation of having committed the theft of a concrete pressure machine. It is the contention of the learned counsel for the petitioner that the petitioner has not been named in the FIR and that the concrete pressure machine has already been recovered and that the challan has already been presented and the petitioner is in custody Crl.Misc.No.M-22051 of 2009 -2- since 28.12.2008. It is further contended that the co-accused has already been released on bail. On the other hand, learned counsel for the State contends that the petitioner does not deserve the concession of bail. After hearing the learned counsel for the parties, I am of the considered opinion that the present petition deserves to be allowed for the reason that the petitioner is in custody since 28.12.2008 and the challan has already been submitted and that co- accused of the petitioner has already been granted the similar benefit. Consequently, the petition is allowed and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Panipat. 24.9.2009 (MAHESH GROVER) JUDGE dss