IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-7102 of 2010 Date of decision : May 11, 2011 Naved Khan ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Kunal Dawar, Advocate, for the petitioner Mr. Amit Rana, DAG, Haryana. L.N. Mittal, J. (Oral) Naved Khan has filed this petition for bail in case FIR No. 128 dated 13.4.2009, under sections 399, 402,412 IPC & 25 of Arms act, 1959, Police Station Sadar Palwal, District Faridabad. I have heard learned counsel for the parties and perused the case file. Earlier bail petitions of the petitioner stand dismissed. However, learned counsel for the petitioner vehemently contended that the petitioner is in custody since 13.4.2009 i.e. for more than two years. This factual position is not disputed by learned State counsel. While dismissing an earlier bail petition of the petitioner, vide order dated 19.1.2010 the trial court was directed to expedite the trial. However, the trial has not yet concluded although almost 16 months have lapsed since then. Learned Criminal Misc. No. M-7102 of 2010 -2- State counsel on instructions from HC Prem Dutt stated that all the 12 prosecution witnesses are police officials and out of them 8 have already been examined. It is surprising that prosecution evidence has not been concluded although all the prosecution witnesses are police officials. Keeping in view long incarceration of the petitioner (who has fundamental right of expeditious trial) but without entering into the merits of the case, the instant bail petition is allowed. Bail to the satisfaction of Chief Judicial Magistrate, Palwal. At least one surety shall be from district Palwal because the petitioner belongs to District Mujjafar Nagar of U.P. A copy of this order be sent to Superintendent of Police, Palwal who may like to see as to why the evidence has not been concluded although all the prosecution witnesses are police officials and the petitioner has been in custody. Necessary remedial action may be taken so that such delay does not occur in other cases. ( L.N. Mittal ) May 11, 2011 Judge 'dalbir'