IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. -M No. 31278 of 2008 (O&M)
Date of decision : March 03, 2009
Kulwant Singh
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Pritam Pal
Present : Mr. AS Virk, Advocate for the petitioner
Mr. Vikas Chaudhary, AAG Haryana
Pritam Pal,J. (Oral)
Petitioner has brought this petition under section 439 of Code
of Criminal Procedure for seeking regular bail in case FIR No. 80 dated
16.4.2003 under sections 302, 323, 324, 148, 149, 120-B IPC registered at
Police Station Pehowa District Kurukshetra.
Learned counsel for the petitioner contends that here in the
instant case, the petitioner was also arrested in the year 2003 and thereafter
in the year 2004 he was granted interim bail on account of ailment of his
wife. However, he failed to appear before the trial court till May, 2008
when he again surrendered himself. All the co-accused in this case with
similar allegations as that of the petitioner have already been acquitted by
the trial court as the witnesses had not supported the prosecution case. In
this regard, learned counsel for the petitioner made reference to the
Criminal Misc. -M No. 31278 of 2008 (O&M) -2-
judgment dated 2.6.2006, Annexure P/1. As of now, the petitioner in all has
already undergone about 17 months of custody. On the previous two dates,
the evidence of the prosecution could not be completed for the one reason or
the other. Now the case is fixed for 7.4.2009 for recording the remaining
evidence of the prosecution. Thus, it appears that the trial is still likely to
take a long time.
In the given facts and circumstances and without commenting
on the merits of this case, the petitioner is ordered to be released on bail on
his furnishing bail/surety bonds to the satisfaction of the trial court.
Criminal Misc. is disposed of.
( Pritam Pal )
March 03, 2009 Judge
'dalbir'