IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-32445 of 2008. Date of Decision : July 01, 2009. Davinder Kumar alias Bobby alias Handa son of Gujjar Mal, resident of House No. 63, Mohalla Harmeet Colony, Jassian Road, Ludhiana. (Now confined in Central Jail, Ludhiana.). ...... Petitioner. Versus. State of Punjab. ..... Respondent. Criminal Misc. No. M-9351 of 2009. Gagan Kumar Handa alias Gagan Kumar son of Gujjar Mal, resident of House No. 5/3, Mohalla Harcharan Nagar, Ludhiana. (At present confined in Central Jail, Ludhiana.). ...... Petitioner. Versus. State of Punjab. ..... Respondent. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Kanwal Jit Singh, Senior Advocate, with Mr. Rohit Chug, Advocate, for the petitioner (Crl. Misc. No. M-32445 of 2008). Mr. Prem Kumar, Advocate, for the petitioner (Crl. Misc. No. M-9351 of 2009) Mr. Aman Deep Singh Rai, A.A.G. Punjab. Mr. Gurcharan Dass, Adocate, for the complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). By this order, I propose to dispose of Criminal Misc. No. M- 32445 of 2008 Devinder Kumar alias Bobby alias Handa Versus State of Punjab, and Crl. Misc. No. M-9351 of 2009 Gagan Kumar Handa Versus State of Punjab. Earlier, counsel for the petitioner had placed on reliance upon the grant of bail by the trial court to three other co-accused, who had been Criminal Misc. No. M-32445 of 2008. duly identified and has also placed reliance upon the bail granted to another co-accused Amarjit Singh alias Gunga by this Court in Crl. Misc. No. M- 23008 of 2008 on the ground that the petitioners are similarly placed as the said co-accused, who has been released on bail by this Court. Earlier the case had came up for hearing before this Court on 28.05.2009, when this Court adjourned the case to 08.06.2009 on the ground that the complainant- Suman, although, has been examined but her cross-examination has yet to be done by the accused. The case when came up for hearing on 08.06.2009, since the complainant P.W. Suman had still not been cross-examined by the accused, the case was adjourned for today. Counsel for the petitioner has stated that the said prosecution witness-Suman, who is the complainant, has been cross-examined. He again on the basis of parity, presses for release of petitioners on bail as in the case of Amarjit Singh alias Gunga. Counsel for the complainant as well as the State have not disputed the factual position with regard to completion of cross-examination of complainant-Suman. However, counsel for the complainant submits that the delay in the prosecution of the case cannot be attributed to the prosecution but to the accused themselves, which has occurred primarily due to one of the accused being declared proclaimed offender and those proceedings took a long time and thereafter, the cross-examination of the complainant was not completed by the accused themselves either because of change of counsel or on one or the other pretexts. He further submits that the trial would be further delayed, if the petitioners are released on bail. Counsel for the State informs that the next date of hearing is 27.07.2009 for the remaining prosecution witnesses, who are official only. -2- Criminal Misc. No. M-32445 of 2008. He further states that all three material witnesses have been examined and their evidence is complete. I have heard counsel for the parties and have gone through the records of the case. The case of the petitioners is similarly situated as that of Amarjit Singh alias Gunga. The said co-acused was released by this Court, vide order dated 05.12.2008 in Crl. Misc. No. M-23008 of 2008. The petitioners are in custody since 19.04.2006 and as has been informed by the State counsel, total twenty witnesses have to be examined, out of which only three witnesses stand examined at present. More than three years and two months have since passed by when the present petitioners were taken in custody but trial has not proceeded beyond the recording of evidence of three material witnesses. The claim of the petitioners being similar to that of Amarjit Singh alias Gunga, without expressing any opinion on the merits of the case, the petitioners are ordered to be released on bail subject to furnishing of security bonds to the satisfaction of C.J.M./Duty Magistrate, Ludhiana. The petitions stand disposed of in above terms. (AUGUSTINE GEORGE MASIH) JUDGE July 01, 2009. sjks. -3-