IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-19421 of 2009 (O&M) Date of decision : 11.9. 2009 Jora Singh ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Jagjeet Beniwal, Advocate for the petitioner. Ms.Sushma Chopra, Addl.A.G., 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.34 dated 22.8.2007 under Sections 7, 13 of the Prevention of Corruption Act, 1988, at Police Station State Vigilance Bureau, Hissar. The petitioner was initially granted bail but he absented violating the terms of the order of bail. Learned counsel for the petitioner contended that his absence was not intentional and he had been associating himself with the trial all throughout and that he shall do so in future also if his lapse is condoned. He further contends that he has been in custody for Crl.Misc.No.M-19421 of 2009 (O&M) -2- the last about 2 months. On the other hand, learned counsel for the State has opposed the prayer of the petitioner. After hearing the learned counsel for the parties and keeping in view the peculiar circumstances of the case, I am of the opinion that the present petition deserves to succeed for the reason that the petitioner is in custody for the last more than 2 months and he had also earlier been associating with the trial and it has been stated that the lapse is not intentional. Consequently, the petition is accepted 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, Bhiwani. The petitioner shall also furnish an undertaking that he shall not commit any future default. The trial court shall be free to impose any condition upon the petitioner which it deems fit in the circumstances of the case. 11.9.2009 (MAHESH GROVER) JUDGE dss