Criminal Revision No.302 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.302 of 1988 Date of decision: February 1, 2008 State of Punjab … Petitioner Versus Raj Kumar … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Sh. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Sh. G.S.Bawa, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) In the present case, challan was submitted against Avtar Singh Suri, Manager of the Bank; Hari Ram who impersonated Bhanna Ram, Nachhatar Singh Lambardar; Jagdish Kumar witness of the mortgage deed and Raj Kumar respondent in present revision petition. Raj Kumar had stood as guarantor. Special Judge, Patiala framed charge against other accused but discharged Raj Kumar, respondent as he only stood as guarantor. The present revision petition was filed in the year 1988. No stay was granted. Trial against other co-accused, who were charged, has concluded and those accused have filed criminal appeals bearing Nos. Criminal Revision No.302 of 1988 2 106-SB-91, 363-SB-91, 364-SB-91, 370-SB-91, 372-SB-91, 373-SB-91 and 374-SB-91. The trial Court had rightly discharged the respondent. Guarantor to mortgage cannot be fastened with offence, until and unless there is evidence on record to convict him. Even otherwise, the trial against the co-accused stands concluded and their appeals are pending in this court, I find no reason to interfere after 20 years of discharge of respondent. The present respondent was discharged on 21st November, 1987. If order of discharge is set aside, de novo trial will take place. Right of speedy trial under Article 21 of the Constitution is vested in each and every citizen. I do not find it appropriate to set aside the order of discharge after a period of 20 years, especially when the trial of the co-accused has been concluded and their appeals are pending in this Court. Furthermore, while framing the charge against the co- accused, it was held that since the respondent only stood as a guarantor, he cannot be fastened with the offences along with his co-accused. Hence no merit, present revision petition is dismissed. [Kanwaljit Singh Ahluwalia] Judge February 1, 2008. rps