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[Cites 2, Cited by 0]

Punjab-Haryana High Court

Varinder Kumar Puri vs State Of Punjab on 3 June, 2015

Author: Raj Mohan Singh

Bench: Raj Mohan Singh

                                                                      BHUMIKA BHATI
      IN THE HIGH COURT OF PUNJAB & HARYANA
                                         2015.06.04 12:13
                   AT CHANDIGARH

                                   ****
                           CRM-18914-2015 in
                         CRM No.M-9836 of 2015
                         Date of Decision: 03.06.2015

                                    ****
Varinder Kumar Puri
                                                                 .....Petitioner

                                    Versus

State of Punjab
                                                               .....Respondent

CORAM: HONBLE MR. JUSTICE RAJ MOHAN SINGH

Present:    Mr. VPS Sidhu, AAG, Punjab.

                                    ***
RAJ MOHAN SINGH J. (ORAL)

In the main case i.e. CRM-M-9836-2014, this Court passed order dated 21.07.2014, in the following manner:

"This is the third application for the grant of regular bail, inter alia, on the ground that the petitioner was in custody for the last more than four years and that he is not keeping good health.
Counsel for the petitioner, when confronted regarding the changed circumstances permitting the petitioner to file bail application, submits that as a matter of fact when the matter was at the stage of recording statements under Section 313 Cr.P.C., absentee co-accused of the petitioner surrendered to face trial. It has been submitted that due to said circumstance, there will be de novo trial and the witnesses will be required to be re-examined again causing unnecessary delay and prejudice to the petitioner.
Taking into consideration the totality of the circumstances and the period of detention suffered by the petitioner, I deem it appropriate to issue a direction to the CRM No.M-9836 of 2015 -2- trial Court to take up the proceedings in accordance with the provisions of Section 309 Cr.P.C. and if needs be the proceedings can be taken up on day to day basis so that liberty of undertrial is not unnecessarily curtailed for the fault of his co-accused. In case the trial is not concluded within a period of six months, it will be open to the petitioner to approach this Court again. The trial Court shall make earnest endeavour to conclude the trial.
So far as the medical reasons mentioned in the petition are concerned, a direction is issued to the Jail Superintendent and Medical Officer to ensure that the petitioner is given medical facilities available in the jail as well as by referring him to established good medical hospital. In case the petitioner feels that despite the specific direction of this Court, he is not being provided appropriate medical facilities in the Jail, it will be open to the petitioner to approach this Court again along with recent medical record."

Thereafter, time was further extended by this Court vide order dated 27.03.2015, thereby accepting the reference.

Now, the request has been received for further extension of time on the ground that the trial Court is about to dispose of the case, by giving short adjournment as per the direction of this Court. Further time of two months is being prayed.

Looking to the facts and nature of the orders passed by the Coordinate Bench, further two months is granted, in order to enable the trial Court to decide the case, as per the directions of this Court.

The present application is disposed of as prayed for.




03.06.2015                                 (RAJ MOHAN SINGH)
Bhumika                                          JUDGE