IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31095 of 2008 Date of decision: 2nd March, 2009 Santokh Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohd. Yousaf, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) While issuing notice of motion, it was noticed that while granting regular bail, petitioner is to be put to some terms. Counsel for the petitioner states that petitioner is sole bread earner of the family, therefore, he may not be put to any terms. It is alleged that petitioner had duped the complainant of Rs.20.00 lacs on pretext of sending abroad. Petitioner is said to be in custody since 9th June, 2008. Counsel for the State, on instructions from HC Avtar Singh, has stated that tomorrow, i.e. 3rd March, 2009 is fixed for framing of the charge. Counsel for the petitioner states that petitioner has been always ready and willing to argue at the time of consideration of charge. Trial Court, after consideration the submission made by the parties, shall proceed with the trial, after consideration of the charge, tomorrow i.e., 3rd March, 2009. Thereafter, petitioner shall be at liberty to Criminal Misc. No. M-31095 of 2008 approach the trial Court under Section 437 (6) Cr.P.C. for grant of regular bail. This Court cannot lose sight of the fact that it is a case of Magisterial trial and continuous detention of the petitioner affects liberty of the petitioner. In case charge is framed tomorrow, prayer for bail of the petitioner shall be considered by the trial Court under Section 437 (6) Cr.P.C. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 2, 2009 rps 2