High Court Punjab-Haryana High Court

Mard Kumar vs State Of Punjab on 16 March, 2009

Punjab-Haryana High Court
Mard Kumar vs State Of Punjab on 16 March, 2009
Criminal Misc. No. M-2997 of 2009                                      1




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


                  Criminal Misc. No. M-2997 of 2009

                     Date of Decision: 16.3.2009


Mard Kumar
                                                              ...Petitioner
                                Versus
State of Punjab
                                                           ...Respondent


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


Present: Mr. A.S. Walia, Advocate
         for the petitioner.

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


Kanwaljit Singh Ahluwalia, J. (Oral)

Petitioner was arrested in case FIR No. 84 dated 8.5.2006

registered at Police Station Shimlapuri, Ludhiana, under Sections 399 &

402 IPC and 25/54/59 of the Arms Act.

On 24.2.2009, this Court had passed the following order:-

“Petitioner is confined in Central Jail,

Ludhiana. The Superintendent of Central Jail,

Ludhiana, is directed to send the custody certificate

of the Petitioner. The Investigating Officer should file

an affidavit as to when petitioner was arrested at first

instance; as to when he was released on bail and

thereafter when he was declared as Proclaimed
Criminal Misc. No. M-2997 of 2009 2

Offender. The affidavit should also specifically

mention as to when was the petitioner re-arrested

and what is the stage of trial?

In order to enable the Investigating Officer

to do the needful, case is adjourned to 16.3.2009.

Copy of this order be handed over to Mr.

Sartaj Singh Gill, learned Deputy Advocate General,

Punjab, under the signatures of the Reader of this

Court, for onward transmission to Inspector

Sandeep Kumar, who is present in the Court, for

compliance.”

In compliance with the order, Sandeep Kumar,

Inspector/Station House Officer, Police Station Model Town, Hoshiarpur,

and Roop Kumar, Superintendent, Central Jail, Ludhiana, have filed

their respective affidavits.

From the affidavit furnished by Sandeep Kumar,

Inspector/Station House Officer, it has emerged that petitioner was

arrested on 8.5.2006; he escaped from the Court premises on

27.5.2006; was declared as Proclaimed Offender on 23.4.2007 and was

re-arrested on 18.8.2007. A supplementary challan was submitted on

12.8.2008 and charges have been framed against the petitioner on

22.12.2008. Petitioner is stated to be in custody since 18.8.2007.

As per the certificate accompanying affidavit of Roop Kumar,

Superintendent, Central Jail, Ludhiana, petitioner has undergone one

year, seven months & eight days.

Taking into consideration the fact that the petitioner had
Criminal Misc. No. M-2997 of 2009 3

absconded; was declared as Proclaimed Offender; and was re-arrested

due to coercive methods initiated by the Investigating Agency, no

ground for grant of bail is made out. However, long detention of the

petitioner justify that the trial Court be directed to conclude the trial

within six months from the receipt of copy of the order.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
March 16, 2009
“DK”