Swinder Singh vs State of Punjab

S.S. Sandhawalia, C.J.—This is an application for bail on behalf of Swinder Singh who stands convicted u/s 394, Indian Penal Code, and sentenced to three years'' rigorous imprisonment and a fine of Rs. 200/- in default whereof to further rigorous imprisonment for three months.

Learned counsel for the petitioner has forcefully contended that merits apart, the present appeal of the petitioner would become infructuous if he is declined the concession of bail at this stage. It is submitted that this Court should take judicial notice of the facr that in normal routine, criminal appeals of 1974 are as yet being heard in turn and the court has taken a policy decision that criminal appeals should be heard strictly in the order of filing.

The contention aforesaid is obviously not devoid of merit. The mere fact that at an earlier stage bail was declined to the petitioner cannot possibly be deemed as an absolute bar for the subsequent grant thereof. The inevitable delay in the hearing of criminal appeals in this Court is a factor which can neither be lost sight of nor can one be totally oblivious thereto. This is evident from the observations made by their Lordships of the Supreme Court in Kashmira Singh v. State of Punjab (1977) 4 C.L.T. 390. Nearer home the pleas raised on behalf of the petitioner are equally borne out by the two Division Bench judgments of this Court reported as Harbhajan Singh and others v. State of Punjab 1977 P.L.J. (Cr.) 152 and Harnek Singh alias Neka v. The State of Punjab 1977 P.L.J. (Cr.) 166.

Following the above, I allow this application and direct that the petitioner be released on his furnishing adequate security to the satisfaction of the Chief Judicial Magistrate, Amritsar.