Petitioner sought bail due to case delay. Court found delay attributed to defence, dismissed plea, directed trial court to expedite trial considering custody duration.
Petitioner's plea for bail dismissed; Trial Court directed to expedite trial.
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CRIMINAL MISC. M NO.3057 OF 2012 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: APRIL 03, 2012
Devinder Kumar @ Bhandari
.....Petitioner
VERSUS
State of Punjab
....Respondent
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr. Rajinder Kumar Singla, Advocate, for the petitioner.
Mr. Gaurav Garg Dhuriwala, DAG, Punjab, for the State.
RANJIT SINGH, J.
Notice in this case was issued to ascertain reason as to why the trial was not making progress at the desired pace. It is now disclosed in an affidavit filed that two of the accused were arrested in the year 2009, one was arrested in the year 2010 and yet another in 2011. Because of this reason, the challan had been put up thrice, which has caused the delay. The case is now fixed for 5.5.2012. It is, thus, seen that the delay in disposal of this case is primarily attributed to the defence. Though two of the accused are in custody since 2009 but considering the fact that responsibility for the delay
CRIMINAL MISC. M NO.3057 OF 2012 :{ 2 }:
lies with the defence, it will not be appropriate to release the petitioner on bail only on account of delay in disposal of the case.
The petition is accordingly dismissed. However, the trial
Court would see the feasibility of expediting the trial, considering the fact that two of the accused have remained in custody for quite some
time.
April 03, 2012 khurmi
(RANJIT SINGH ) JUDGE
1 issue framed by the court
Whether the petitioner should be granted bail due to delay in trial caused by defence-related issues.
Devinder Kumar @ Bhandari
State of Punjab
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
