IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 15149 of 2010(O&M) Date of Decision: July 12, 2010. Abid Hussain ...... PETITIONER(s) Versus State of Haryana ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Rohit Ahuja, Advocate for the petitioner. Mr. Ranvir Singh Arya, D.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR No.56 dated 23.02.2009, under Sections 332/353/420/307/186 IPC, 25/54/59 Arms Act, 3 of Prevention of Damage to Public Property Act, 3/8 of Cow Slaughter Act, registered at Ballabhgarh Sadar, District Faridabad. I have heard learned counsel for the parties and have gone through the whole record. The allegations against petitioner –accused are that he alongwith co-accused was travelling in a four wheeler, TATA 407, which was having no number plate, no engine or chasis number and without any document. The same was being driven by the present petitioner – accused. They were armed with weapons including firearm. They were having stones and ropes for tying cows. FIR was lodged on secret information. The vehicle was chased. CRM No.M-15149 of 2010 Police Naka was there. However, accused jumped the police Nakas. Stones were thrown on police party. Police party was also fired upon. One constable Subhash Chand was also injured. 2/3 cows were loaded in the said vehicle. It has been contended by learned counsel for the petitioner that he has been continuing in custody since 29.12.2009 and the case is not likely to be decided in near future. Bail application of the petitioner has been vehemently opposed by learned counsel for the State on the plea that petitioner – accused ran away after leaving the four wheeler. He was declared proclaimed offender on 03.10.2009 by learned trial Court. It is further contended that his presence could be secured when he was arrested in some other case i.e. FIR No.323 dated 24.10.2009, under Section 379 IPC. Hence, it is contended that petitioner is likely to abscond again and likely to indulge in these types of activities again if released on bail. It is further stated that the case is at the stage of evidence of prosecution and next date fixed is 10.08.2010 for remaining evidence of prosecution. Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused at this stage. There is no merit in the instant application for bail filed by Abid Hussain and the same is, hereby, dismissed. However, learned trial Court is directed to expedite the trial as petitioner has been continuing in custody since 29.12.2009 and efforts be made to conclude the same within six months from the next date of hearing. Registry is directed to send copy of this order to learned trial Court for strict compliance. 2 CRM No.M-15149 of 2010 ( RAM CHAND GUPTA ) July 12, 2010. JUDGE 'om' 3