In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 31845 of 2010 (O&M) Date of decision: 15.12.2010 Naresh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ashit Malik, Advocate, for the petitioner. Ms.Latika Rao, AAG, Haryana. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 60 dated 26.3.2007, under Sections 392/ 397/ 411 of the Indian Penal Code and Section 25 of the Arms Act registered at Police Station Kharkhoda District Sonepat. Learned counsel for the petitioner has submitted that the petitioner was not apprehended at the spot. The car was recovered from the three other co-accused and the name of the petitioner figured during investigation. However, service of summons was not effected on the petitioner. Now the petitioner is in custody since 29.3.2010. The petitioner is not involved in any other criminal case. Criminal Misc. No.M- 31845 of 2010 (O&M) -2- Learned State counsel, on the other hand, has opposed this petition. On a query put by this Court, learned State counsel, on instructions from ASI Devi Singh, has submitted that the petitioner is not involved in any other criminal case. Keeping in view the fact that recovery of the car was not effected from the petitioner and the fact that he is in custody since 29.3.2010, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Sonepat. (SABINA) JUDGE December 15, 2010 anita