Punjab-Haryana High Court
Harvinder Singh @ Kakku And Others vs State Of Punjab on 20 February, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl.Misc.M-52 of 2009
Date of decision : 20.2.2009
Harvinder Singh @ Kakku and others
... Petitioners
Versus
State of Punjab
...Respondents
Coram : Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia
Present: Mr.R.S.Aulakh, Advocate for the petitioners.
Mr.Mehardeep Singh, AAG, Punjab.
Kanwaljit Singh Ahluwalia, J. (Oral)
Allegations against the petitioners are that on the night of 7.11.2008 at 10:00 p.m., they tied Pargat Singh and Charan Singh and had fled away with the truck loaded with paddy. If this kind of dacoity/robbery is permitted, roads will not be safe. Learned counsel for the petitioners submitted that this case is of magisterial trial. Offence under Section 392 Cr.P.C. is triable by the court of Magistrate.
Counsel states that the trial will take long time to conclude. In such situations, the Code of Criminal Procedure has envisaged Section 437 (6) Cr.P.C. which reads as under:-
"(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said Crl.Misc.M-52 of 2009 2 period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
Prayer made by the petitioner in the present petition is declined. Petition stands dismissed.
However, petitioner is at liberty to approach the trial Court under Section 437(6) Cr.P.C.
[ Kanwaljit Singh Ahluwalia ] Judge 18.02.2009 sd