Crl. Misc. No. M-8594 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-8594 of 2011 (O&M) Date of decision: 20.04.2011. Rajpal Singh @ Kukku ....Petitioner Versus State of Punjab ....Respondent Crl. Misc. No. M-9383 of 2011 (O&M) Dharminder Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? Present: - Mr. S.K. Sandhir, Advocate, and Mr. Gursimran Singh, Advocate, for the petitioner(s). Mr. Jaspreet Singh, AAG, Punjab. ***** KANWALJIT SINGH AHLUWALIA, J (ORAL) By this common order Crl. Misc. No. M-8594 of 2011 titled Rajpal Singh @ Kukku Vs. State of Punjab and Crl. Misc. No. M-9383 of 2011 titled Dharminder Singh Vs. State of Punjab, shall be decided together. Petitioners seek bail during the pendency of the trial in case FIR No.43 dated 20.2.2010 registered at Police Station Division No.7 (Varadhman), Ludhiana, under Sections 376, 342, 506 IPC and Sections 25, 27, 54, 59 of the Arms Act. A grievance has been made by the petitioners that they are in Crl. Misc. No. M-8594 of 2011 (O&M) -2- custody since 21.2.2010 and five opportunities have been availed by the prosecution to produce the prosecutrix, but she has not stepped into the witness box to depose against the petitioners. Counsel for the State, on instructions from ASI Mohan Lal, states that every endeavour shall be made by the investigating agency to produce the prosecutrix within one month from today. He also states that next date fixed before the trial Court is 25.4.2011. After hearing counsel for the parties, this Court is of the view that though five opportunities have been availed by the prosecution, to produce the prosecutrix yet sixth opportunity shall accrue on 25.4.2011, still sufficient time should be granted to the prosecution to produce the prosecutrix. Hence request of the State counsel is accepted and one month's time is granted to investigating agency to produce the prosecutrix in the trial Court. The trial Court shall adjourn the case accordingly. This Court at the same time cannot become oblivious of the fact that petitioners cannot be allowed to languish behind the bars, to suffer pain and agony. Thus, taking into account the circumstances of the case, it is ordered that trial Court shall positively conclude the trial within four months from the date of receipt of a certified copy of this order. With these observations present petitions are disposed of. A photocopy of this order be placed on the file of connected case. (Kanwaljit Singh Ahluwalia) Judge April 20, 2011 R.S.