Crl. Misc. No. M – 4768 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 4768 of 2010(O&M) Date of decision:- 29.4.2010 Faquir Chand ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. R.K.Dadwal, Advocate, for the petitioner. Gurdev Singh, J (oral) The petitioner- Faquir Chand has filed this petition under Section 439 of the Code of Criminal Procedure, for releasing him on bail for the offence under Section 304-B IPC, in respect of which FIR No. 236, dated 18.10.2008, was registered in Police Station Sadar, Hoshiarpur, District Hoshiarpur. The previous bail application bearing Crl. Misc. No. 21686 of 2009 filed by this petitioner was dismissed. While dismissing that petition it was observed that in case the trial is not concluded within six months, the petitioner shall be at liberty to approach this Court for the grant of regular bail. The trial was not completed within that period. In order to ascertain as to why delay has occurred, report of the trial Court was called. The detailed report of the Presiding Officer has been received. A perusal thereof shows that the delay in the trial has occurred on account of the accused himself, whose counsel had been getting Crl. Misc. No. M – 4768 of 2010(O&M) -2- adjournments for the cross-examination of the witnesses. His counsel never cross-examined the witnesses on the same day, their examination-in-chief were recorded. Therefore, merely the expiry of six months is not a ground for releasing the petitioner on bail. The petition is disposed of accordingly. However, the trial Court is directed to expedite the trial and preferably to conclude the same within four months. April 29, 2010 (Gurdev Singh) tripti Judge