High Court Punjab-Haryana High Court

Jaswinder Kaur Alias Kirna vs State Of Punjab on 26 September, 2008

Punjab-Haryana High Court
Jaswinder Kaur Alias Kirna vs State Of Punjab on 26 September, 2008
Criminal Misc. No.M-21187 of 2008                                -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                         Criminal Misc. No.M-21187 of 2008
                         Date of decision : 26.9.2008

Jaswinder Kaur alias Kirna                                 .....Petitioner

                         Versus
State of Punjab                                            ...Respondent

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CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:    Mr. R.K.Gupta,Advocate for the petitioner.

            Ms. Manjari Nehru, Deputy Advocate General, Punjab


S. D. ANAND, J.

The petitioner is an under trial in case FIR No. 268 dated

22.8.2007 under Sections 302, 438, 149 IPC, Police Station,

Baghapurana.

There is force in the plea on behalf of the petitioner that the

trial at the hands of learned Trial Courts appears to have been inordinately

delayed. At the same time, the delay in the context is not of that proportion

which would justify the release of the petitioner on bail just on that account

only, The petitioner, however, has a locus standi to clamour for an

expeditious trial which the Court must afford to him.

The petition shall stand disposed of with a direction to the

learned Trial Court to record whatever evidence is available on 6.11.2008.

The prosecution shall take steps to ensure that the maximum number of

witnesses are produced and examined on 6.11.2008. If for any valid

reason, the conclusion of the prosecution evidence is not feasible on that
Criminal Misc. No.M-21187 of 2008 -2-

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date, the adjournment granted thereafter shall not exceed two days at a

time. Learned Trial Court is directed to dispose of the trial itself by

31.12.2008.If the learned Trial Court finds that the defence is causing

avoidable delay, or is obstructing the conclusion of trial in any other

manner, it shall notify the facts to this Court for further orders in the

relevant behalf.

Disposed of accordingly.

September 26, 2008                                (S. D. ANAND)
Pka                                                   JUDGE

Note: Whether to be referred to Reporter: Yes/No