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Judgment
9 paragraphs · 281 wordsNirmaljit Kaur, J.—Prayer made in the present petition is for grant of regular bail to the Petitioner in case FIR No. 20 dated 28.2.2008 registered u/s 304B IPC at Police Station Dehlon, District Ludhiana.
It was brought to the notice of this Court that vide order dated 17.12.2010, this Court had directed the trial Court to expedite the trial preferably to be completed within six months.
On 16.8.2010, the present criminal miscellaneous was adjourned for four months in order to enable the prosecution to complete its evidence.
The Additional Sessions Judge, Fast Track Court, Ludhiana, in his communication letter No. 304 dated 10.12.2010 has prayed for another 6 months time to enable the Court to complete the trial. As per the said communication, on 6.12.2010, the case was fixed for prosecution evidence.
On the said date, three witnesses were served but no one appeared in the Court. They were again summoned through bailable warrants for 10.12.2010.
It is pointed out by the learned Counsel for the Petitioner that on 10.12.2010 no prosecution witness was examined. Moreover, the complainant Devinder Singh is an army personnel and is reported to have been posted in border area.
The Petitioner is in custody since 29.2.2008. As such, he has almost undergone 2 years and 10 months.
From the above facts, the trial is not likely to be completed on an early date. Accordingly, the Petitioner is ordered to be released on bail on his furnishing heavy bail bonds to the satisfaction of Chief Judicial Magistrate, Ludhiana.
Request for extension of further period to conclude the trial as prayed for by the concerned Addl. Sessions Judge is allowed.