Harvinder Singh @ Kakku And Others vs State Of Punjab on 20 February, 2009

   IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
              HARYANA AT CHANDIGARH

                                                  Crl.Misc.M-52 of 2009
                                             Date of decision : 20.2.2009
Harvinder Singh @ Kakku and others
                                                           ... Petitioners
                                  Versus
State of Punjab
                                                         ...Respondents

Coram :       Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia


Present:      Mr.R.S.Aulakh, Advocate for the petitioners.
              Mr.Mehardeep Singh, AAG, Punjab.



Kanwaljit Singh Ahluwalia, J. (Oral)

Allegations against the petitioners are that on the night

of 7.11.2008 at 10:00 p.m., they tied Pargat Singh and Charan Singh

and had fled away with the truck loaded with paddy. If this kind of

dacoity/robbery is permitted, roads will not be safe. Learned

counsel for the petitioners submitted that this case is of magisterial

trial. Offence under Section 392 Cr.P.C. is triable by the court of

Magistrate.

Counsel states that the trial will take long time to

conclude. In such situations, the Code of Criminal Procedure has

envisaged Section 437 (6) Cr.P.C. which reads as under:-

“(6) If, in any case triable by a Magistrate, the trial of a
person accused of any non-bailable offence is not
concluded within a period of sixty days from the first
date fixed for taking evidence in the case, such person
shall, if he is in custody during the whole of the said
Crl.Misc.M-52 of 2009 2

period, be released on bail to the satisfaction of the
Magistrate, unless for reasons to be recorded in writing,
the Magistrate otherwise directs.

Prayer made by the petitioner in the present petition is

declined. Petition stands dismissed.

However, petitioner is at liberty to approach the trial

Court under Section 437(6) Cr.P.C.

[ Kanwaljit Singh Ahluwalia ]
Judge
18.02.2009

sd