IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.23933-M of 2008
DATE OF DECISION : NOVEMBER 19, 2008
KULDEEP KUMAR ....... PETITIONER(S)
VERSUS
STATE OF PUNJAB .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. JBS Gill, Advocate, for the petitioner(s).
Mr. Abhishek Chautala, AAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition under Section 439, Code of Criminal Procedure,
prays for bail in case FIR No.58 dated 2.4.2007 under Sections 363/366-
A/120-B, Indian Penal Code, Police Station, Model Town, Hoshiarpur.
Learned counsel for the petitioner contends that the petitioner
has been in custody for 19 months. The trial has been protracted as an
application under Section 319, Code of Criminal Procedure, has been filed.
In case, the application is allowed, de-novo trial would start.
Learned counsel for the respondent-State has not disputed the
custody period or the fact that the application under Section 319, Code of
Criminal Procedure, is pending.
I have considered the issue.
The investigation has already been concluded and the custody
Criminal Misc.23933-M of 2008 2
period of the petitioner is considerable. In case, the application under
Section 319, Code of Criminal Procedure, is allowed, de-novo trial would
have to start.
The petition is allowed.
Bail to the satisfaction of CJM, Hoshiarpur.
November 19, 2008 ( AJAI LAMBA ) Kang JUDGE