Crl. Misc No. M-25685 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-25685 of 2009 Date of decision : 30.10.2009 Shamsher and another ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. V.K. Gupta, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. Mr. Dinesh Arora, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioners in a case registered vide FIR No. 114 dated 27.03.2009 under Sections 406/420/120-B IPC at Police Station Samalkha, District Panipat. Learned counsel for the petitioners has argued that regarding the subject matter of the FIR, the complainant has preferred a civil suit for specific performance which is pending adjudication. According to the counsel, the petitioners have been in custody since 03.08.2009 and the case is triable by the Magistrate, thus no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial. Learned counsel for the State has, however, opposed the prayer for bail on the ground that allegations against the petitioners are serious in Crl. Misc No. M-25685 of 2009 2 nature and thus they do not deserve the concession of bail. Learned counsel, however, submits that investigation has been completed, challan has been presented before the competent court of jurisdiction and next date for recording prosecution evidence is 07.11.2009. I have heard counsel for the parties. The petitioners were arrested in this case on 03.08.2009 and two co-accused who were alleged witnesses to the agreement to sell have already been granted the concession of bail by the Sessions court at Panipat. Keeping in view the fact that investigation of the case has already been completed and case is triable by the Magistrate and the fact that trial may take some time to conclude, I am of the considered view that petitioners deserve to be enlarged on bail pending trial. Accordingly, the petition is allowed and the petitioners are directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate Panipat. 30.10.2009 (RAJAN GUPTA) Ajay JUDGE