Mohd Kasim v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 426/2017 MOHD KASIM ..... Petitioner Through Mr.Vivek Sood, Sr.Adv. with Mr.Ashim Shridhar, Adv.

versus STATE OF NCT OF DELHI ..... Respondent Through Mr.M.S. Oberoi, APP with SI Brahma Dutta, PS Sunlight Colony.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.03.2017 The present application has been filed under Section 439 Cr.P.C. for the grant of regular bail in FIR No.103/2007, under Sections 302/394/472/120B/34 IPC and 25/27/54 Arms Act, Police Station Srinivaspuri.

The background of the present case is that the investigation of the case was completed and charge sheet was filed in the Court. After completion of trial, the accused was convicted vide judgment dated 14.08.2012 and order on sentence was passed on 05.09.2012. Thereafter, the accused had preferred an appeal before this Court and this Court vide order dated 09.12.2014 set aside the judgment of conviction and order on sentence and remanded the case for further trial. Thereafter the trial is continuing for about three years. The main grouse of the accused/petitioner is that neither the

bail is granted to him nor the trial is proceeding with. In the facts and circumstances mentioned above, the Trial Judge is directed to expedite the trial and if need arises, to conduct the trial on day to day basis.

If the prosecution evidence is not concluded within a period of six months, the accused/petitioner would be at the liberty to move fresh application for the grant of bail before the trial court.

With the above observations, the present bail application is disposed of.

P.S.TEJI, J MARCH 22, 2017 dd