SHER SINGH Vs. STATE TO HARYANA

JUDGEMENT

(1.) COUNSEL for the petitioner contends that no injury has been attributed to the petitioner qua the deceased. It is further stated that the petitioner is not even named in the FIR. Counsel further mentions that at the time of identification parade he could not be identified by the witness. The petitioner is in jail w.e.f. 17.9.2002. This fact has not been controverted by the State counsel. As per the information supplied, on 31.1.2003 when the trial was fixed before the court below, no statement of any witness was recorded, only summons has been issued to one Sandeep-PW.

(2.) FROM the above, it appears that the trial will take a long time, petitioner is in jail w.e.f. 17.9.2002 and one of his co-accused similarly has already been released on bail by this Court on 10.8.2002 (Annexure P-1), without expressing any opinion on merits, the application of the petitioner is allowed and he is enlarged on bail to the satisfaction of the trial Court. Petition allowed.