Criminal Revision No.303 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.303 of 1988 Date of decision: February 1, 2008 State of Punjab … Petitioner Versus Jagir Singh etc. … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Sh. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Sh. G.S.Bawa, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (Oral) In the present case, challan was submitted against Avtar Singh Suri; Takhat Singh; Pritpal Singh; Krishan Lal and Jagir Singh. Jagir Singh and Krishan Lal had stood as guarantors. Special Judge, Patiala framed charge against other accused but discharged Jagir Singh and Krishan Lal, respondents as they only stood as guarantors. The present revision petition was filed in the year 1988. No stay was granted. Trial against other co-accused, who were charged, has concluded and those accused have filed criminal appeals bearing Nos. 106-SB-91, 363-SB-91, 364-SB-91, 370-SB-91, 372-SB-91, 373-SB-91 and 374-SB-91. The trial Court had rightly discharged the respondents. Guarantor to mortgage cannot be fastened with offence, until and unless Criminal Revision No.303 of 1988 2 there is evidence on record to convict him. Even otherwise, the trial against the co-accused stands concluded and their appeals are pending in this court, I find no reason to interfere after 20 years of discharge of respondents. The present respondents were discharged on 21st November, 1987. If order of discharge is set aside, de novo trial will take place. Right of speedy trial under Article 21 of the Constitution is vested in each and every citizen. I do not find it appropriate to set aside the order of discharge after a period of 20 years, especially when the trial of the co-accused has been concluded and their appeals are pending in this Court. Furthermore, while framing the charge against the co- accused, it was held that since the respondents only stood as guarantors, they cannot be fastened with the offences along with their co-accused. Hence no merit, present revision petition is dismissed. [Kanwaljit Singh Ahluwalia] Judge February 1, 2008. rps