I.S.TIWANA, J. - (1.) MY learned brother M.M. Punchhi, J., on January 31, 1986, passed the following order :- "Heard. The trial of the petitioners is stated to be fixed for 7.3.1986 and the prosecution evidence is likely to be led on that date. The trial be expedited so that it can conclude with March, 1986, if possible. Dismissed with the observations." Subsequent to that when an application was again moved by the petitioners for bail on August 22, 1986, the learned Judge dismissed the same with the observation that the accused should first make a move in that regard before the trial Court, i.e., Sessions Judge, Ferozepur. In pursuance of this direction the accused did move an application which was dismissed by the Sessions Judge on October 30, 1986, with the following observations :- "Case is pending trial and part of the prosecution evidence has been recorded. Without examining opinion on merits of the case no close for bail is made out. Application is dismissed." According to the learned Counsel, the case is being adjourned since March 7, 1986 merely on the ground that the police had failed to produce the accused on various dates without any justifiable reason. This stand of the learned Counsel is well supported from the copies of the interim orders of the trial Court which were asked for. From this orders it is patent that the accused who had been shifted from Faridkot Jail to Sangrur Jail were not produced before the Court in spite of repeated adjournments. In the last order it is mentioned that the Superintendent, District Jail, Sangrur, had informed the Court that the accused could not be moved from the jail premises on account of certain instructions by the Punjab Government. They are in custody since June, 1986.
(2.) THE stand of the accused is that the evidence recorded against them so far has not supported the prosecution evidence and seeing that the case is bound to fall, the Court is being made to prolong the trial by not producing them before the Court. In the light of the given facts I find that there is no justification to keep the accused behind the bars particularly when the police is not producing them for any reason since March 7, 1986. I, therefore, grant them bail to the satisfaction of the C.J.M. Ferozepur. Order accordingly.;