RAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant petition has been preferred under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C") for setting aside the order dated February 10, 2015 (Annexure P-11) passed by learned Judicial Magistrate Ist Class, Bathinda as well as order dated March 23, 2015 (Annexure P-12) passed by learned Additional Sessions Judge, Bathinda whereby revision filed by petitioner against order dated February 10, 2015 (Annexure P-11) seeking relief of bail under Section 437(6) Cr.P.C. in case FIR No. 120 dated October 08, 2013 under Sections 420, 465, 467, 468 and 471 IPC registered at Police Station Nahianwala, District Bathinda was dismissed, with further prayer that petitioner be released on bail under Section 437 (6) Cr.P.C.

(2.) Previously, petitioner moved an application under Section 438 Cr.P.C. seeking his pre-arrest bail in the case referred to above before learned Additional Sessions Judge, Bathinda. Though, arrest of petitioner was stayed by learned Additional Sessions Judge, Bathinda vide order dated December 24, 2013 but subsequent thereto, vide order dated August 07, 2014, that application was dismissed. Consequently, petitioner surrendered himself before learned trial Court and report under Section 173(2) Cr.P.C. was presented against him on August 19, 2014. Thereafter, petitioner was charge-sheeted under Sections 420, 465, 467, 468 and 471 IPC by learned trial Court vide order dated September 30, 2014. Since, petitioner did not plead guilty to the charge, case was fixed for prosecution evidence for October 14, 2014.

(3.) A perusal of copies of various orders passed by learned trial Court after framing charge for examination of prosecution witnesses reveals that trial was adjourned time and again. A close scrutiny of interim (zimni) orders transpires that complainant is not co-operating in the proceedings before learned trial Court even though he has engaged counsel to prosecute his case.