Naseem Jafri v. State

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 474/2016 NASEEM JAFRI ..... Petitioner Through:

Mr. Habibur Rahman, Advocate versus STATE ..... Respondent Through:

Mr. M.S. Oberoi, APP with SI Vishan Kumar, PS- Kotwali

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 05.04.2016 The present is an application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in FIR No.890/2014, under Sections 395/412/34 IPC, registered at Police Station- Kotwali, Delhi. The trial is stated to be at the fag end. The prosecution has examined all its witnesses, save and except the Investigating Officer in the subject FIR. The case is now listed for conclusion of the evidence to be led on behalf of the prosecution on 09.05.2016. The Investigating Officer in the subject FIR, who is present in Court, states that the prosecution shall positively conclude its evidence in the present case on the next date of hearing. In view of the afore-stated, the only course of action that recommends itself is to direct the trial court to conclude the trial in the subject FIR expeditiously and preferably within a period of one month from the next date of hearing before the trial court.

The present order is necessary, in view of the circumstance that the applicant has been in judicial custody since 18.11.2014 and the submission made on behalf of his counsel that based on the deposition of the witnesses produced on behalf of the prosecution and the material on record, the former

shall in all probabilities be acquitted of the offence for which he has been charge sheeted. Even otherwise, there is no gainsaying the legal position that every accused is entitled to an expeditious trial. With the above directions, the application is disposed of whilst reserving liberty to the applicant to apply for regular bail afresh in the event the trial is not concluded expeditiously as expected.

A copy of this order be sent to the concerned trial court for necessary information and compliance.

SIDDHARTH MRIDUL, J APRIL 05, 2016 dn