Crl. Misc. No.M-29105 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-29105 of 2010 Date of decision: February 16, 2011. Bharpoor Singh ...Petitioner v. State of Haryana ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri R.S. Dhaliwal, Advocate and Shri Parminder Singh, Advocate for the petitioners. Ms. Shalini Attri, Deputy Advocate General, Haryana for the respondent-State. Shri J.C. Malik, Advocate, for the complainant. Kanwaljit Singh Ahluwalia , J. (Oral): By this common order, Crl. Misc. No.M-29105 of 2010 (preferred by Bharpoor Singh) and Crl. Misc. No.M-30519 of 2010 (preferred by Surinder Singh) shall be decided together. The petitioners seek regular bail in case FIR No.227 dated 11.6.2009, registered at P.S. Samalkha, District Panipat, under Sections 406, 420, 465, 467, 468, 471, 506, 120-B IPC. Counsel for the petitioners have stated that petitioner Bharpoor Singh is in custody since 28.10.2009 whereas petitioner Surinder Singh is in custody since February, 2010. Counsel for the petitioners have further stated that charge has been framed against the petitioners, but thereafter the trial has not proceeded. Counsel have further submitted that maximum punishment which the Magistrate can award is three years. Shri J.C. Malik, Counsel appearing for the complainant, has stated that the petitioners have committed fraud upon the complainant and Crl. Misc. No.M-29105 of 2010 -: 2 :- have duped him of Rupees one crore. I have heard Counsel for the parties. Section 437(6) Cr.P.C. reads as under:- “If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.” It is a case of magisterial trial. The trial court is directed to strictly comply with the provisions of Section 437(6) Cr.P.C. Either it should complete the trial within the specified time or the prayer be considered under Section 437(6) Cr.P.C. Counsel for the petitioners submit that they shall file application before the trial court within 10 days from today. With the aforesaid observations, the present petitions are disposed of. [Kanwaljit Singh Ahluwalia] February 16, 2011. Judge kadyan