Criminal Misc. No. M-6321 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-6321 of 2009 Date of Decision: 9.3.2009 Jasmail Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Anurag Chopra, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner is custody since 18.12.2008. The Additional Sessions Judge, Barnala, while declining bail of the petitioner, has observed as under:- “...In the event of delay of trial, the applicant can seek the remedy available to him under Section 437 (6) Cr.P.C. in accordance with law. Keeping in view the gravity of offence, no ground is made out, to extend the concession of bail to the applicant. Accordingly, the instant bail application is dismissed. Record of learned Lower Court be returned and file be consigned to the record room”. In view of the observations made by the Additional Sessions Judge, Barnala, the trial Court is directed to consider framing of charge Criminal Misc. No. M-6321 of 2009 2 against the petitioner so that petitioner can seek bail by invoking Section 437(6) Cr.P.C. Counsel for the petitioner may rely upon order granting bail to co-accused of the petitioner in Criminal Misc. No. M-38 of 2009 decided on 2.2.2009. This Court is not coming to the rescue of the petitioner as same amounts to interfering in the discretion exercised by the Additional Sessions Judge, Barnala, who has observed as noticed above. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 9, 2009 “DK”