Criminal Misc. No.M- 31351 of 2011 (O&M) v. State of Punjab

Present: Mr. G.S.Punia, Advocate, for the petitioner. Mr.Amandeep Singh Rai, DAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for grant of regular bail in case FIR No.56 dated 5.6.2008 under Sections 302/ 307/ 324/ 323/452/ 506/ 201/ 148/ 149/ 326 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 registered at Police Station Bhadson District Patiala. Learned counsel for the petitioner has submitted that the petitioner is in custody since June 2008 and trial has still not been concluded. Learned State counsel, on the other hand, has submitted that the challan was presented against fifteen accused. Thereafter, an application was moved by the prosecution under Section 319 Cr.P.C. and six persons were summoned to face the trial as Criminal Misc. No.M- 31351 of 2011 (O&M) -2- additional accused. However, in revision filed by the said persons, challenging the order passed against them under Section 319 Cr.P.C., the said order was set aside qua five persons. After hearing learned counsel for the petitioner as well as learned State counsel, I am of the opinion that the instant petition deserves to be dismissed. The allegations levelled against the petitioner are serious in nature. Two persons had died on account of the gun shots fired by the petitioner, whereas, two persons had suffered injuries. Accordingly, this petition is dismissed. However, the trial Court is directed to expedite the trial. August 14, 2012 (SABINA) JUDGE