Ramesh Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION: 13.10.2020 Ramesh Kaur .... Petitioner.

Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.S.Bhalla, Advocate, for the petitioner. Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

Mr. V.K. Sandhir, Advocate, for the complainant. ALKA SARIN, J (Oral) Heard through Video Conferencing.

This is the second petition under Section 439 of the Code of Criminal Procedure, 1973 for the grant of regular bail to the petitioner in FIR No.l95 dated 05.12.2018 registered under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860 at Police Station Dharamkot, District Moga, during the pendency of trial.

The present petitioner had earlier also approached this Court in CRM-M-13330 of 2020 which was dismissed by this Court, along with the petition of the other co-accused, vide a detailed order dated 09.07.2020. Today, the learned counsel for the petitioner has not pressed arguments on merits. He, however, has stated that due to the situation created by the COVID-19 pandemic, the trial is not progressing.

-2Mr. V.K. Sandhir, Advocate, who has put in appearance on behalf of the complainant, has contended that the same was not a ground for grant of bail and infact the petition for grant of bail filed by the petitioner has already been dismissed by this Court vide order dated 09.07.2020.

Mr. Ramandeep Sandhu, Sr. DAG, appearing on behalf of the State has brought to the notice of this Court that the challan has already been filed in the present case and that the next date of hearing before the Trial Court is 21.10.2020. He has further stated that the petitioner has till date not moved any application before Trial Court for expeditious hearing of the case.

I have heard learned counsel for the parties. This Court on 09.07.2020, by a detailed order, had dismissed the bail petitions of the petitioner as well as other co-accused. No new ground or any change in circumstances have been urged today by learned counsel for the petitioner except for the fact that the trial is not progressing. The learned counsel for the petitioner is not in a position to deny the fact that no application has been moved by the petitioner for expeditious hearing of the petition. There is no ground to grant bail only on account of the fact that the trial has not progressed due to the Covid 19 pandemic. The petitioner has not made any effort to move an application for expeditious hearing before the Trial Court, which is an option always open to the petitioner.

-3In view of the above, I do not find any merit in the present petition. The petition is accordingly dismissed. October 13, 2020 (ALKA SARIN) tripti JUDGE NOTE:

Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No