Crl. Misc. No. M-29705 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29705 of 2011 Date of Decision : 8th December, 2011 Narinder Kumar Kataria .... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. R. K. Girdhar, Advocate for the petitioner. Mr. R. S. Rawat, Additional Advocate General, Punjab. * * * L. N. MITTAL, J. (Oral) : Accused Narinder Kumar Kataria has filed this petition for bail under Section 439 Cr.P.C. (Code of Criminal Procedure) for grant of regular bail in case FIR No.73 dated 03.05.2010 under Section 420 IPC registered at Police Station Jandiala, District Amritsar. I have heard learned counsel for the parties and perused the case file. According to prosecution version, petitioner received Rs.18,09,000/- from the complainant on assurance of securing job and immigration visa for Canada but the petitioner neither secured the same nor returned the money. Counsel for the petitioner contended that the petitioner is in custody since 29.09.2010 i.e. for more than one year two months. It was Crl. Misc. No. M-29705 of 2011 -2- also contended that charge in the case was framed on 29.03.2011 and the case was fixed for prosecution evidence for 09.04.2011. But inspite expiry of eight months since then, evidence has not yet been concluded although according to Section 437(6) Cr. P. C., evidence should be concluded within 60 days from the first date fixed for evidence of the prosecution. No ground has come forward on behalf of the prosecution as to why the evidence has not been concluded. The case is triable by Magistrate. The petitioner has already remained in custody for one year two months. Keeping in view all the circumstances, but without meaning to express any opinion on merits of the case, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar. 8th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE