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2009 DIGILAW 431 (PNJ)

Hardev Singh v. State of Punjab

2009-03-03

RAJAN GUPTA

body2009
JUDGMENT Rajan Gupta, J.(Oral).:- Counsel for the petitioner submits that the co-accused of the petitioner have already been acquitted on the basis of a compromise entered into between the accused and legal heirs of deceased Baldev Singh complainant. According to her, in this case all the offences under Sections 323,325,342 &149 IPC are compoundable with the permission of the Court. 2. Counsel for respondents No.2 & 3 affirms the factum of compromise between the petitioner and respondents No.2 & 3. He has pointed out that respondents No.2 & 3 had appeared before the trial Court as prosecution witnesses and deposed on oath that compromise had been arrived at with the accused. He has referred to Annexures P2 & P3 in this regard. 3. Counsel for the petitioner has relied upon the judgment of this Court in Harbans Singh Gill Vs. State of Punjab, 2008(4) RCR (Criminal) 447 to contend that since the petitioner is ready to surrender before the trial Court, the trial may be directed to be expedited. 4. Learned State counsel has also affirmed the factum of acquittal of the accused by the Court of Sub Divisional Judicial Magistrate, Ajnala on the basis of compromise arrived at between the parties. 5. In the peculiar facts and circumstances of this case, since the co-accused of the petitioner have been acquitted on the basis of the same compromise, on which reliance has been placed in the instant petition, it is directed that in case the petitioner surrenders before the trial Court, the said Court shall conclude the trial expeditiously, preferably within a period of four months. However, in case the petitioner does not cooperate with the trial, the said Court shall be at liberty to deal with him in accordance with law. 6. In case the petitioner surrenders before the trial Court within three weeks from today and moves application for bail, the same shall be decided within one week. 7. After the petitioner surrenders before the trial Court, his arrest shall remain stayed till the decision of his bail application. With the observations aforesaid, the instant petition stands disposed of.