IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-10977 of 2009 Date of decision: 11th May, 2009 Gurpreet Singh @ Gopi … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. G.K. Mann, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 439 Cr.P.C. seeking grant of regular bail to the petitioner in case FIR No. 36 dated 17.03.2005 registered at Police Station Samrala under Sections 307, 34 IPC. It has been stated that section 302 IPC was added later. On April 23, 2009, this Court had passed the following order: “On the oral prayer made by counsel for the petitioner, she is permitted to make correction in the FIR. The correction has been initialed by counsel for the petitioner. It is stated that in the present case, occurrence has taken place on 16th March, 2005, the deceased expired on 23rd March, 2006 and the petitioner is in custody since 12th October, 2005. Counsel for the petitioner has submitted that 18 witnesses have been cited and till today, only 2 witnesses have been examined. Issue notice of motion to AG Punjab for 11th May, 2009. Criminal Misc. No. M-10977 of 2009 Comments of the trial Court be sought by the registry as to why trial has not progressed, especially to the averments made by the petitioner in para 7 of this petition. Copy of this order along with the present petition be sent through FAX to the trial Court. Comments of the trial Court be also sought by the registry through FAX. Trial Court shall also draw a tentative schedule for early conclusion of the trial and the same be also communicated to this Court. At this stage counsel for the petitioner has stated that 4 witnesses have been examined.” Report has been received from the Additional Sessions Judge, Ludhiana. He has stated as under: “Till date six witnesses have been recorded and 7 more witnesses are still to be recorded as the remaining witnesses have been given up by the prosecution. The version of the counsel for the petitioner is not correct that two witnesses have been recorded while upto 25.2.2008 five witnesses were examined and one witness was examined on 30.1.2009. xxxx xxxx xxxx xxxx xxxx xxxx It is submitted that this Court be granted time upto 31.8.2009 to conclude the trial because during this period Court will be closed for 23 days due to summer vacation.” In view of the request of the trial Court that the trial will be concluded up to 31st August, 2009, no ground is made out to grant bail to the petitioner. However, trial Court may make every endeavour to conclude the trial on or before 31st August, 2009. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 11, 2009 rps 2