Sarwan v. State Of Punjab
Cr. Misc. M 26906 of 2016 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr. Misc. M 26906 of 2016 Date of decision: 30.1.2017 Sarwan Petitioner vs.
State of Punjab Respondent
Present:
Mr. TS Sangha, Sr. Advocate with Mr. Arun Khatri, advocate.
Mr. Ps Bajwa, Addl.A.G. Hry Mr. SPS Sidhu, Advocate.
M.M.S.BEDI,J.
Counsel for the State and counsel for the complainant have informed that the case is ripe for final disposal as all the prosecution witnesses have been examined and statements u/s 313 Cr.P.C. of the accused persons have also been recorded.
Counsel for the petitioner has inter alia argued that the petitioner has been in custody since 15.6.2013 and that despite repeated directions by this Court, the trial court has not concluded the trial, not only prejudicing the constitutional right under Article 21 of the Constitution of India, but causing serious prejudice to the petitioner as he will not be able to effectively produce the defence evidence.
I have considered the contention of counsel for the petitioner and I am of the opinion that no doubt there has been unreasonable delay in disposal of the trial. Without going into the reasons for the said delay, the bail petition cannot be decided, at this stage, without making a reference to the evidence, which has been produced but the said exercise is avoided as it might cause prejudice the prosecution agency or the Tapinder Singh Mann 2017.01.31 17:16 I attest to the accuracy and integrity of this document
Cr. Misc. M 26906 of 2016 accused in case the merits are considered to determine whether prima facie petitioner would be entitled to bail in context to the merits. Avoiding any adjudication on merits, the petition is dismissed with liberty to the petitioner and his co-accused to raise all the pleas, taken up in this petition, at the final stage of the trial. It is expected that the trial court will conclude the trial by giving fair opportunity to the petitioner to produce defence evidence.
January 30 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.01.31 17:16 I attest to the accuracy and integrity of this document