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2008 DIGILAW 450 (PNJ)

Netar Singh v. State Of Punjab

2008-02-19

RAJESH BINDAL

body2008
Judgment Rajesh Bindal, J. 1. This order will dispose of a bunch of petitions, namely, Criminal Misc. Nos. 73734-M, 74868-M, 74977-M, 75806-M, 77498-M, 77503-M, 78681-M, 79516-M of 2006 and Criminal Writ Petition No. 20 of 2008. The facts are being taken from Criminal Writ Petition No. 20 of 2008. 2. The prayer made in Criminal Writ Petition is for a direction to the respondents to release the petitioner from jail where the petitioner is confined since April, 2004 in 23 complaints filed at different places and has been named as an accused on account of his being the person responsible for production. 3. The prayer made in other bunch of petitions is for quashing of complaints filed against the petitioner at various places as detailed below: 1. State through Chief Agricultural Officer, Gurdaspur v. Shiv Singh Khad Store, G.T. Road Dinanagar, Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 2. State through Chief Agicultural Officer, Gurdaspur v. Sohal Khad Store Achal Sahib Tehsil Batala District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 3. State through Chief Agricultural Officer, Gurdaspur v. Satnam Singh Agro Service Centre, Naushehara Majja Singh Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 4. State through Chief Agricultural Officer, Amritsar v. Jagan Nath & Co. VPO Gahri Mandi District Amritsar and Ors. pending in the Court of Special Judge, Amritsar. 5. State through Chief Agricultural Officer, Amritsar v. Khera & Co. Jandiala Guru District Amritsar through Shri Barjinder Singh son of Sucha Singh and Ors. pending in the Court of Special Judge, Amritsar. 6. State through Chief Agricultural Officer, Amritsar v. Om Parkash Takkar & Co. VPO Jandiala Guru District Amritsar and Ors. pending in the Court of Special Judge, Amritsar. 7. State through Chief Agricultural Officer, Sangrur v. Parkash Chand & Co. through its partner Shri Prem Kumar and Shri Raj Kumar, Dhuri and Ors. pending in the Court of Special Judge, Sangrur. 8. State through Chief Agricultural Officer, Gurdaspur v. Athwal Agro Centre, Naushera Majja Singh Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 4. Learned Counsel for the petitioner submits that in total 23 complaints had been filed against the petitioner. Out of which after trial, the petitioner has already been acquitted in four cases. 8. State through Chief Agricultural Officer, Gurdaspur v. Athwal Agro Centre, Naushera Majja Singh Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 4. Learned Counsel for the petitioner submits that in total 23 complaints had been filed against the petitioner. Out of which after trial, the petitioner has already been acquitted in four cases. The other complaints are lingering on for the last about a decade. Learned Counsel for the petitioner confined their prayer to the extent that in case the learned Courts below are directed to dispose of the complaints filed against the petitioner within a reasonable time, the petitioner would be satisfied as in spite of grant of bail to the petitioner, he could not be released from the jail on account of his inability to furnish the bail bonds. 5. Keeping in view the facts that number of complaints with identical allegations are pending against the petitioner before different Courts whereas in some of the cases he has already been acquitted with the same allegations, 6. I deem it appropriate to direct the concerned Courts in the following cases to decide the complaints pending before them within a period of six months from the date of receipt of certified copy of the same: 1. State through Chief Agricultural Officer, Gurdaspur v. Shiv Singh Khad Store, G.T. Road Dinanagar, Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 2. State through Chief Agicultural Officer, Gurdaspur v. Sohal Khad Store Achal Sahib Tehsil Batala District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 3. State through Chief Agricultural Officer, Gurdaspur v. Satnam Singh Agro Service Centre, Naushehara Majja Singh Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 4. State through Chief Agricultural Officer, Amritsar v. Jagan Nath & Co. VPO Gahri Mandi District Amritsar and Ors. pending in the Court of Special Judge, Amritsar. 5. State through Chief Agricultural Officer, Amritsar v. Khera & Co. Jandiala Guru District Amritsar through Shri Barjinder Singh son of Sucha Singh and Ors. pending in the Court of Special Judge, Amritsar. 6. State through Chief Agricultural Officer, Amritsar v. Om Parkash Takkar & Co. VPO Jandiala Guru District Amritsar and Ors. pending in the Court of Special Judge, Amritsar. 7. State through Chief Agricultural Officer, Sangrur v. Parkash Chand & Co. pending in the Court of Special Judge, Amritsar. 6. State through Chief Agricultural Officer, Amritsar v. Om Parkash Takkar & Co. VPO Jandiala Guru District Amritsar and Ors. pending in the Court of Special Judge, Amritsar. 7. State through Chief Agricultural Officer, Sangrur v. Parkash Chand & Co. through its partner Shri Prem Kumar and Shri Raj Kumar, Dhuri and Ors. pending in the Court of Special Judge, Sangrur. 8. State through Chief Agricultural Officer, Gurdaspur v. Athwal Agro Centre, Naushera Majja Singh Tehsil and District Gurdaspur and Ors. pending in the Court of Special Judge, Gurdaspur. 9. State v. Tara Chand Jugal Kishore, Rama Mandi pending in the Court of Special Judge, Bathinda. 10. State v. Surinder Mohan etc. pending in the Court of Special Judge, Gurdaspur. 11. State v. Janta Khad Bhandar, Sardulgarh pending in the Court of Special Judge, Mansa. 12. State v. Madan Lala Dyal & Co., Budhiada pending in the Court of Special Judge, Mansa. 13. State v. Ajmer Singh (Guru Nanak Khad Store), Mangli Tanda pending in the Court of Special Judge, Ludhiana. 14. State v. Sant Fertilizers (Apar Singh), Jagraon pending in the Court of Special Judge, Ludhiana. 15. State v. Budh Singh and Ors. pending in the Court of Special Judge, Nawanshahar. 16. State v. Amrit Lal and Ors. pending in the Court of Special Judge, Nawanshahar. 17. State v. Arjan Singh and Ors. pending in the Court of Special Judge, Nawanshahar. 18. State v. Gupta Fertilizers (Lokesh Kumar), Kurali pending in the Court of Special Judge, Roopnagar. 19. State v. Chakkar Khad Store, Lutheri pending in the Court of Special Judge, Roopnagar. 20. State v. Parkash Chand (Deepak Jain) and Ors. pending in the Court of Special Judge, Sangrur. 21. State v. Kurukshetra Traders, Kurukshetra pending in the Court of Special Judge, Kurukshetra. 7. Learned Counsels for the petitioner further submits that the petitioner is a patient of epilepsy and it may be difficult for him to attend the hearing in various Courts at different places in two States where the complaints are pending and his personal appearance on non-effective hearing may be exempted. 7. Learned Counsels for the petitioner further submits that the petitioner is a patient of epilepsy and it may be difficult for him to attend the hearing in various Courts at different places in two States where the complaints are pending and his personal appearance on non-effective hearing may be exempted. The concerned trial Courts are directed to pass order in that regard subject to the conditions as may be deemed fit, however, it would be subject to the condition that on the effective dates on which the presence of the petitioner is required, he will have to appear in the Court. 8. The bunch of petitions are disposed of accordingly. 9. A copy of this order be sent by the Registry of this Court to the Courts concerned for compliance.