IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.123 of 2008 in Criminal Writ Petition No.20 of 2008 Date of decision:-09.4.2008. Netar Singh ...Petitioner. Versus State of Punjab and others ...Respondents. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Sameer Sachdeva, Advocate for the petitioner. Mr. A.S.Brar, DAG Punjab. RAJESH BINDAL J. The main petition was disposed of by this court vide order dated 19.2.2008 directing the concerned courts where various complaints against the petitioner are pending, to dispose of these complaints within a period of 6 months from the date of receipt of certified copy of the order. The complaints were pending since long as those had been filed prior to 1999. It was further directed that the personal appearance of the petitioner on non-effective hearings may be exempted because of poor health of the petitioner subject to such conditions as may be deemed fit by the court concerned. Learned counsel for the petitioner submits that the petitioner was initially released on bail in all the cases. Finally the petitioner was acquitted in some cases. However, because of his non-appearance on one date in a case, pending at Mukatsar, he was arrested and sent to jail. His bail bonds in all other cases were cancelled. Presently, the petitioner is in custody since April 2004. Criminal Misc. No.123 of 2008 in Criminal Writ Petition No.20 of 2008 -2- The petitioner was involved in a total number of 35 complaints out of which till date he has been acquitted in 18 complaints and 17 complaints are pending in the trial courts. The maximum sentence for the alleged offence is upto 2 years of imprisonment. The petitioner is facing the agony of trial for the last more than 9 years and is in custody for the last more than 4 years. Reference is made to the judgment of Hon'ble the Supreme Court in Common Cause, a Registered Society through its Director V. Union of India and others, AIR 1996 Supreme Court 1619 wherein Hon'ble the Supreme Court issued various directions in the cases which were pending for long time. The relevant passage therefrom is extracted below:- “Where the offences under IPC or any other law for the time being in force for which the accused are charged before any criminal Court are punishable with imprisonment not exceeding three years with or without fine and if trials for such offences are pending for one year or more and the concerned accused have not been released on bail but are in jail for a period of six months or more, the concerned criminal Court shall release the accused on bail or on personal bond to be executed by the accused and subject to such conditions, if any, as may be found necessary, in the light of Section 437 of the Criminal Procedure Code.” Keeping in view the fact that the maximum sentence for the alleged offence is 2 years, the petitioner has already been acquitted in 18 out of 35 complaints with identical allegations, further that he had already been in custody for the last more than 4 years and also the submission of learned counsel for the petitioner that it will be difficult for the petitioner to furnish surety bonds at different places where the complaints are pending, Criminal Misc. No.123 of 2008 in Criminal Writ Petition No.20 of 2008 -3- therefore, in the peculiar facts and circumstances of this case, it is directed that in case an application for bail pending trial is filed by the petitioner, the same shall be considered and decided by the courts below, however, keeping in view observations of Hon'ble the Supreme Court in Common Cause's case (supra) instead of asking the petitioner to submit bail bonds, his personal bonds may be accepted subject to other conditions as may be contained in the light of Section 437 Cr.P.C. Criminal Misc. Application No.123 of 2008 is disposed of. 9th April, 2008. (RAJESH BINDAL) asija JUDGE