Rajiv Kumar Bhardwaj vs The State Of Punjab on 5 November, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                               Criminal Misc. No. M-25840 of 2009 (O/M).
                                  Date of Decision : November 05, 2009.

Rajiv Kumar Bhardwaj
                                                                ...... Petitioner(s).
                                     Versus.

The State of Punjab                                           ..... Respondent(s).

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

Present:-      Mr. Darling Bahl, Advocate,
               for the petitioner(s).

               Mr. Aman Deep Singh Rai, A.A.G. Punjab,
               for respondent-State.


AUGUSTINE GEORGE MASIH, J. (ORAL).

Counsel for the petitioner submits that the F.I.R. in this case was

registered on 10.06.2002. After presentation of the challan, the case against

the petitioner is pending since last seven years and on each and every date of

hearing, the petitioner has to go to the Trial Court to attend the trial

proceedings. Despite various opportunities, having been given, the

prosecution has not been able to complete its evidence. All material

witnesses have been declared hostile, but the matter has not come to an end

till date. He, therefore, prays that some time may be fixed for disposal of the

trial in the matter. \

Counsel for respondent-State, on instructions from A.S.I.

Harminder Singh, Police Station Banur, District Patiala, states that the

prosecution evidence shall be concluded within a period of two months from

today as the next date of hearing before the Trial Court is 20.11.2009.
Criminal Misc. No. M-25840 of 2009. -2-

The present petition is disposed of with a direction to the Trial

Court to conclude the trial within a period of four months from today.

Counsel for the petitioner prays for exemption from personal

presence of the petitioner during the pendency of the trial before the Court

below.

If an application for grant of exemption from personal presence

is made before the Trial Court with the undertakings that he (i) shall be

represented by a counsel before learned Judicial Magistrate; (ii) shall not

dispute his identity as accused; (iii) shall have no objection, if the evidence

is recorded in his absence; (iv) shall come present before the learned Trial

Court as and when required; and (v) shall comply with any other condition

(s) that may be imposed by the learned Trial Court, the same shall be granted

to the petitioner.

(AUGUSTINE GEORGE MASIH)
JUDGE
November 05, 2009.

sjks.