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2009 Supreme(P&H) 977

AJAY K.MITTAL
Sukhdev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. The petitioner, Sukhdev singh, through the present petition filed under Sec.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 The petitioner has on an earlier occasion approached this Court through crm-M-10449 of 2008 which was dismissed as withdrawn on 23-7-2008 with permission to take recourse to legal remedies available to him in accordance with law.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 Sec.437 (6) of the code before the trial Court was filed which has been illegally rejected. The learned Add









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