IN THE HON'BLE HIGH COURT PUNJAB AND HARYANA AT CHANDIGARH ..... Crl. Misc. No.M-5644 of 2010 ..... Date of decision 8.12.2010 Vipul Malik ......Petitioner Versus State of Punjab ......Respondent ..... Present: Mr. G.N. Malik, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General,Punjab for the respondent-State. ...... S.S. SARON, J. Heard learned counsel for the petitioner. The petitioner seeks regular bail in a case registered against him on 24.03.2008 at Police Station, Batala for the offences under Sections 302, 364, 365, 201, 148 and 149 of Indian Penal Code. The FIR has been registered on the statement of Sunita Rani wife of Ram Lal. It has been alleged by the complainant that Ram Lal husband of the complainant after closing his shop on 01.03.2008 at about 11:00 p.m. was returning to his home but he did not reach home. On 02.03.2008, Sunita Rani lodged a report at police post, Bus Stand Batala, regarding the fact that Ram Lal had been missing. Thereafter, one Balwant Rai, informed the complainant that on 01.03.2008 he along with Ram Lal were kidnapped by the petitioner. He was released at Karnal but Ram Lal was still in custody of the petitioner. The son of the complainant and Ram Crl. Misc. No.M-5644 of 2010 -2- Lal, namely Sanni had married the sister of the petitioner. For the said reason, Ram Lal had been kidnapped by the petitioner. The petitioner is in custody since 18.10.2008 and the challan was filed on 19.04.2009. The charges in the case have not been framed till date. There are a total of five accused in the case and four of them have been declared Proclaimed Offenders. On the last date of hearing i.e. 28.7.2010, learned counsel for the State submitted that the petitioner is in jail at Muzaffar Nagar and he is involved in four other cases i.e. (1) FIR No.188 dated 05.09.2003, Police Station Kakroli, Muzaffar Nagar (Meerut) for the offences under Section 395/397 IPC; (2) FIR No.437 dated 29.10.2007, Police Station Kakroli, Muzaffar Nagar (Meerut), for the offence under Section 302 IPC; (3) FIR No.1870 and (4) FIR No.1871 of 2008, Police Station Civil Lines, Muzaffar Nagar (Meerut) for the offences under Section 307 IPC and Section 25 of the Arms Act, 1959 which are pending against him. On 28.07.2010 the State of Uttar Pradesh and Superintending of Police, Meerut were ordered to be impleaded as respondents No.2 and 3 in the case as the petitioner had not been produced in the Court from the jail at Muzaffar Nagar. However, as the petitioner did not file two sets copies of the petition, for service to the State of Uttar Pradesh and Senior Superintendent of Police, Meerut on two occasions that is for the date fixed on 31.8.2010 and 30.09.2010. Now as per office report, notice issued to respondent Nos. 2 and 3 has not been received back served or otherwise. In any case, the petitioner has been produced from the jail in the Court at Gurdaspur. Therefore, since the petitioner has been produced before the learned trial Court it is hoped that the learned trial Court shall take steps to proceed with the trial of the case on the dates fixed before it. Keeping in view the nature of allegations as also the fact that Crl. Misc. No.M-5644 of 2010 -3- the petitioner is involved in four other cases, no ground for grant of bail is made out. The criminal miscellaneous petition is accordingly dismissed. The learned trial Court would take effective steps to dispose of the case as expeditiously as possible. December 08, 2010 (S.S. Saron) Jyoti 1 Judge