IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.937 of 2008. Date of decision: 7.11.2008. Rajinder Singh ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Jagdish Vats, Advocate. For the Respondent : Mr. Ansul Kumar Bansal , Additional Advocate General. Kuldip Singh, Judge. (Oral) 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.150 registered on 17.9.2007 at Police Station, Baddi under Sections 395,458,380,342,411 and 120-B IPC. The status report of the case has been filed. 2. Heard and perused the record. The prosecution case is that on 17.9.2007 Sanjay Kumar security guard, Ashu International Company, Nandpur reported the matter at Police Station, Baddi. According to him in the intervening night of 16/17.9.2007 at about 1.30. AM, 3-4 persons came inside the factory, they demanded keys of the factory from him, but they were told that keys of the factory were not with Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 him. On this those persons gave beatings to him. Rajesh Kumar another security guard of the factory was with him. The intruders locked the complainant as well as Rajesh Kumar in the bath room of the factory. In the meantime a vehicle came with many persons and after some time the vehicle left the factory premises. They came out with the help of tea seller who came in the factory premises after some time and opened bath room from out side. 3. After the registration of the case, the police came into action and arrested the petitioner and others. The recoveries were made and after completion of the investigation challan was presented in the Court, now next date in the Court is fixed on 10.12.2008 for consideration. The learned Addl. Advocate General has submitted that the petitioner is an accused in four other similar cases. The learned counsel for the petitioner has submitted that except in FIR No.150 of 2007 and FIR No.153 of 2007, the petitioner has been granted bail in other cases. The petitioner earlier filed bail application for releasing him on bail in FIR No.150 of 2007 which was rejected on 26.11.2007 by learned Addl. Sessions Judge, Solan. Thereafter the bail application filed by the petitioner in this Court was rejected on 13.12.2007. He filed another bail application in this Court which was rejected on 17.3.2008. The petitioner also filed another bail application which was rejected by learned Addl. Sessions Judge, Solan on 27.8.2008. The bail appliciation of petitioner has been dismissed by this Court on 17.3.2008 on merits. The learned counsel for the petitioner has submitted that after 17.3.2008 the trial of the case is being delayed and on this ground the petitioner is entitled to bail. The petitioner is involved in five cases including the present case arising out of FIR No.150 of 2007. The case against the 3 petitioner is serious, his bail has already been rejected on merits on 17.3.2008. The petitioner has failed to make out any case for releasing him on bail at this stage, accordingly, petition is dismissed. 4. The learned counsel for the petitioner has submitted that trial of the petitioner in the case is being delayed without any fault on the part of petitioner. The case against petitioner is serious but this is no ground to delay the trial. In these circumstances, it is hoped the trial Court shall make every endeavour to decide the case expeditiously. The liberty is granted to petitioner to file bail application, in case, the trial of the case is not completed expeditiously keeping in view the facts and circumstances of the case. ( Kuldip Singh) Judge November 7, 2008 (sks)