Criminal Misc. No. M-10439 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-10439 of 2009 Date of Decision: 11.5.2009 Dinesh Chand …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. G.S. Jagpal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No. 211 dated 13.7.1986 registered at Police Station Jagraon, District Ludhiana, under Sections 379 & 411 IPC. On 28.4.2009, this Court had passed the following order:- “In the present case, FIR was lodged in year 1986. Petitioner was declared as Proclaimed Offender on 17th February, 1995. It is stated that petitioner is in custody since 26th December, 2007 and he has undergone 14 months of his actual Criminal Misc. No. M-10439 of 2009 2 sentence. Counsel has further submitted that it is a case of magisterial trial. The maximum sentence which can be awarded is three years. Issue notice of motion to AG Punjab for 11th May, 2009. In the meantime, trial Court is directed to send status report regarding progress of trial. Trial Court should also draw a tentative schedule regarding conclusion of the trial. This report is being sought, especially as a Co-ordinate Bench had ordered that trial be concluded within six months. Counsel has submitted that directions be given by this Court have not been adhered to by the trial Court. Registry may seek report through fax”. A report has been received from the Court of Sub Divisional Judicial Magistrate, Jagraon, wherein it has been stated that supplementary challan in this case was presented in the Court on 19.3.2008 but the case could not be disposed off as per the directions of the Hon'ble High Court as original file was not received. This Court cannot loose sight of the fact that for an offence under Sections 379 & 411 IPC, petitioner is in custody since 26.12.2007 and this Court while declining bail had directed the trial Court to conclude the trial within six months. No efforts have been made by the trial Court to proceed with the trial till today as original file is being awaited. Direction given by a Co-ordinate Bench of this Court on Criminal Misc. No. M-10439 of 2009 3 8.9.2008 in Criminal Misc. No. M-20205 of 2008 has not been taken into consideration in right earnest by the trial Court. Therefore, this Court is constrained to release petitioner on bail subject to furnishing of heavy surety to the satisfaction of the trial Court. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 11, 2009 “DK”