Dinesh Chand vs State Of Punjab on 11 May, 2009

Criminal Misc. No. M-10439 of 2009                                   1




     In the High Court of Punjab and Haryana, at Chandigarh.


                  Criminal Misc. No. M-10439 of 2009

                     Date of Decision: 11.5.2009



Dinesh Chand
                                                            ...Petitioner
                                Versus
State of Punjab
                                                         ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. G.S. Jagpal, Advocate
         for the petitioner.

         Mr. Mehardeep Singh, Assistant Advocate
         General, Punjab, for the State.


Kanwaljit Singh Ahluwalia, J. (Oral)

The present petition has been preferred under Section 439

Cr.P.C. seeking regular bail to the petitioner in case FIR No. 211 dated

13.7.1986 registered at Police Station Jagraon, District Ludhiana, under

Sections 379 & 411 IPC.

On 28.4.2009, this Court had passed the following order:-

“In the present case, FIR was lodged in

year 1986. Petitioner was declared as Proclaimed

Offender on 17th February, 1995. It is stated that

petitioner is in custody since 26th December, 2007

and he has undergone 14 months of his actual
Criminal Misc. No. M-10439 of 2009 2

sentence. Counsel has further submitted that it is a

case of magisterial trial. The maximum sentence

which can be awarded is three years.

Issue notice of motion to AG Punjab for

11th May, 2009.

In the meantime, trial Court is directed to

send status report regarding progress of trial. Trial

Court should also draw a tentative schedule

regarding conclusion of the trial.

This report is being sought, especially as a

Co-ordinate Bench had ordered that trial be

concluded within six months. Counsel has submitted

that directions be given by this Court have not been

adhered to by the trial Court.

Registry may seek report through fax”.

A report has been received from the Court of Sub Divisional

Judicial Magistrate, Jagraon, wherein it has been stated that

supplementary challan in this case was presented in the Court on

19.3.2008 but the case could not be disposed off as per the directions of

the Hon’ble High Court as original file was not received.

This Court cannot loose sight of the fact that for an offence

under Sections 379 & 411 IPC, petitioner is in custody since 26.12.2007

and this Court while declining bail had directed the trial Court to

conclude the trial within six months. No efforts have been made by the

trial Court to proceed with the trial till today as original file is being

awaited. Direction given by a Co-ordinate Bench of this Court on
Criminal Misc. No. M-10439 of 2009 3

8.9.2008 in Criminal Misc. No. M-20205 of 2008 has not been taken into

consideration in right earnest by the trial Court. Therefore, this Court is

constrained to release petitioner on bail subject to furnishing of heavy

surety to the satisfaction of the trial Court.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
May 11, 2009
“DK”