SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, Sukhdev singh, through the present petition filed under Section 439 of the Code of Criminal procedure, seeks concession of regular bail, in case FIR No. 357 dated 4-11-2007, under Sections 420/406 of the Indian Penal code, registered at Police Station City, kapurthala, District Kapurthala.

(2.) THE petitioner has on an earlier occasion approached this Court through crm-M-10449 of 2008 which was dismissed as withdrawn on 23-7-2008 with permission to take recourse to legal remedies available to him in accordance with law. It is the case of the petitioner that he was arrested on 1-3-2008 and the charge was framed on 2-5-2008. The first date fixed for evidence of the prosecution was 29-5-2008 and now the case is fixed for prosecution evidence before the trial Court on 30-5-2009. According to the learned counsel, as the trial was not concluded within sixty days from 29-5-2008, the petitioner is entitled to be released on bail in view of the provisions of Section 437 (6) of the Code of Criminal Procedure (for short "the Code" ). Accordingly, an application under Section 437 (6) of the code before the trial Court was filed which has been illegally rejected. The learned Additional sessions Judge, Kapurthala had also declined the same without assigning any valid reasons vide order dated 10-12-2008.

(3.) THE petitioner now claims that in view of the statutory provisions of Section 437 (6)of the Code under which he is covered, the trial Court without recording any legal and valid reasons, as required thereunder, has declined the grant of benefit of the afore said provision. Learned counsel for the petitioner has placed on record the certified copies of the zimni orders to substantiate his plea.