IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22782 of 2009 (O&M) Date of decision : 3.12.2009 Jagjit Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. P.M.Anand, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab 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.152 dated 20.11.2004 under Sections 436, 447, 379, 427, 148, 149 IPC, at Police Station Sultanpur Lodhi, District Kapurthala. It is contended by the learned counsel for the petitioner that he has been in custody since 19.12.2008 and prior thereto he was granted bail but since he had abused the concession of bail, he was declared a proclaimed offender. He surrendered on his own accord and is in custody since 19.12.2008. He further contended that during Crl.Misc.No.M-22782 of 2009 (O&M) -2- the pendency of the proceedings the other co-accused who had faced the trial have been acquitted by the learned trial court giving them the benefit of doubt. He further contended that since he has been in custody for the last almost one year, he deserves the concession of bail as the trial is likely to take some more time. On the other hand, learned counsel appearing for the State of Punjab has opposed the prayer for bail while stating that the petitioner being a proclaimed offender does not deserve the concession of bail. He states that out of 21 witnesses 5 have been examined and the trial is progressing satisfactorily. After hearing the learned counsel for the parties and having regard to the fact that the petitioner is in custody since 19.12.2008 and also the fact that a year has elapsed after the petitioner surrendered before the trial court and only 5 out of 21 prosecution witnesses have been examined which indicates that the trial is likely to take some time, the petitioner deserves the concession of bail. Accordingly, the present 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 Chief Judicial Magistrate/Duty Magistrate, Kapurthala. However, before accepting the bail bonds the Chief Judicial Magistrate shall burden the petitioner with heavy surety so as to obviate any future default. Crl.Misc.No.M-22782 of 2009 (O&M) -3- Nothing stated herein shall be construed to be an expression on the merits of the case. 3.12.2009 (MAHESH GROVER) JUDGE dss