IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-26566 of 2009 (O&M) Date of decision : 22.9.2009 Jaswant Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.J.S.Chahal, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition under Section 407 of the Code of Criminal Procedure for transfer of Crl. Appeal No.93 of 2006 titled as “Jaswant Singh and others v. State”, pending in the court of Addl.Sessions Judge, Fast Track Court, Gurdaspur, to some other court of competent jurisdiction. According to the averments made in the petition the appeal was heard on 29.8.2009 and the order in the same has not been pronounced and in the meantime the court on one of the occasions when the presence of petitioner and other appellants was required on 16.9.2009,and one of them, namely, Narain Partap Singh could not appear as he was suffering from diarrhea and an application was moved seeking exemption from his personal appearance, the court is said to have observed as follows :- Crl.Misc.No.M-26566 of 2009 (O&M) -2- “Tuhade din mare aa, andar jan da irada hai”. Learned counsel for the petitioner states that in view of the above he does not anticipate that he would not get any justice as the aforesaid observation reveals a pronounced bias against him. After hearing the learned counsel for the petitioner, I am of the considered opinion that the apprehension of the petitioner is baseless. The words which have been attributed to the Court may have been uttered in some other context as one of the appellants, namely, Narain Partap Singh had failed to appear and ostensibly to deter a person from absenting himself from the proceedings and it does not reveal any such mind of the Court regarding the merits of the case. In this view of the matter, this court is of the opinion that there is no ground for transfer of proceedings. Dismissed. 22.9.2009 (MAHESH GROVER) JUDGE dss