Criminal Misc. No. M-22444 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-22444 of 2009 Date of Decision: 4.9.2009 Gurmit Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Gaurav Singh Hooda, Advocate for the petitioner. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 16.2.2009, this Court had dismissed the prayer for grant of bail to the petitioner. However, petitioner was granted liberty to renew his prayer before the trial Court under Section 437(6) Cr.P.C. The trial Judge, though considered the fact that petitioner is in custody for more than 60 days from the date of first taking of evidence, has refused bail to the petitioner on the ground that the offence is very serious. The legislature has enacted Section 437(6) Cr.P.C. to protect the personal liberty of the accused. In the case triable by a Magistrate, if the trial cannot be concluded within specified time, the accused is required to be released on bail. Criminal Misc. No. M-22444 of 2009 2 In the present case, since the trial Court came to the conclusion that offence is serious, then trial is to be concluded at the earliest by taking necessary steps. In the present case, the observation of trial Judge that the offence is of serious nature, cast duty upon him to protect the right of personal liberty of the petitioner, as petitioner cannot be allowed to suffer pain and agony behind the bars, and suffer because of delay in concluding the trial. Therefore, trial Court is directed to formulate an opinion whether accused is entitled to bail or trial is to be conducted on day-to- day basis. In case, the trial Judge formulate opinion that trial is to be concluded at the earliest. He shall proceed with the trial on day-to-day basis and conclude the trial within 60 days so that the mandate of law laid in Section 437(6) Cr.P.C. is adhered to, otherwise possibility of bail be explored. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge September 4, 2009 “DK”