IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-9397 of 2009 Date of decision : September 03, 2009 Mohan Lal Sharma ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vikram Preet Arora, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Mohan Lal Sharma has filed this petition for bail in case FIR No. 120 dated 8.11.2001 under sections 406, 420, 506 IPC, Police Station Kurali District Ropar. I have heard learned counsel for the parties and perused the case file. Petitioner was declared proclaimed offender in this case on 2.5.2002 and was thereafter arrested on 30.10.2008 i.e. after six and half years. Petitioner is now in custody since 30.10.2008 i.e. for ten months. The case is triable by Magistrate. Perusal of the progress report received from the trial Magistrate reveals that trial has not progressed because the petitioner was not produced in the trial court on several dates of hearing by jail authorities. Learned State counsel on instructions from HC Kamaljit Singh states that the petitioner was not produced in the trial court even on Criminal Misc. No. M-9397 of 2009 -2- 1.9.2009, the date which was fixed there for prosecution evidence. Petitioner's co-accused are already on bail. In view of the aforesaid, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ropar. Learned trial Magistrate shall take appropriate action against jail authorities, in accordance with law, for not producing the petitioner on various dates of hearing. ( L.N. Mittal ) September 03, 2009 Judge 'dalbir'