Manav Mahajan vs State of Punjab

L.N. Mittal, J.—This is second petition for bail in case FIR No. 168 dated 18.11.2008 under Sections 419, 420, 467, 468, 471, 120-B IPC, registered at Police Station Dera Bassi, District Mohali.

I have heard learned Counsel for the parties and perused the case file.

Notice of motion in the instant bail petition was issued because the trial was not progressing on account of pendency of some inquiry on application of Petitioner''s co-accused and the said inquiry was likely to take time as per statement Annexure P/7 made by ASI Phool Chand dated 18.9.2010 before the trial Magistrate.

Now it is stated by learned State counsel on instructions from ASI Phool Chand that the aforesaid inquiry has since been completed and even supplementary challan has been presented and the case is now pending before trial Magistrate for 10.12.2010 for framing of charge. In view thereof, the grievance advanced at the time of motion hearing no longer subsists.

Learned Counsel for the Petitioner contended that five co-accused are yet to be arrested. However, in their absence the trial can proceed and is actually proceeding inasmuch as the trial Magistrate has already fixed the case for hearing the parties on the question of charge.

In view of the aforesaid, finding no new ground for releasing the Petitioner on bail the instant bail petition is dismissed. However, since the Petitioner is stated to be in custody for the last 16 months, the trial Magistrate is directed to expedite the trial and the prosecution is also directed to expedite its evidence.