DEVINDER KUMAR ALIAS BHANDARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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 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.

(2.) 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.