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”