IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8150 of 2009 (O&M) Date of decision: 24th March, 2009 Daljit Singh @ Kala … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Shivoy Dhir, Advocate for the petitioner. 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. 136 dated 04.08.2006 registered at Police Station Kurali, District Roopnagar under Sections 406, 420 IPC. Counsel for the petitioner has submitted that in the present case, FIR was registered on 4th August, 2006. Petitioner was not arrested and final report under Section 173 Cr.P.C. (challan) was submitted in his absence on 7th June, 2006. Thereafter, evidence under Section 299 Cr.P.C. was recorded and the file was consigned to records on 29th August, 2008. Petitioner has been arrested on 7th September, 2008. Counsel has submitted that petitioner is in custody for a period of more than six months. It is a case of magisterial trial. Counsel has further stated that maximum punishment which a Judicial Magistrate (1st Class) can impose, is three years. Criminal Misc. No. M-8150 of 2009 (O&M) Taking into consideration the submissions made by counsel for the petitioner, in case petitioner prefers an application under Section 437(6) Cr.P.C., same shall be considered by the trial Court. Needless to say, trial Court shall take into consideration mandate of law laid in Section 437(6) Cr.P.C. In case bail is granted, trial Court shall also make an endeavour to secure heavy surety so that petitioner is not able to abandon the trial later. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 24, 2009 rps 2