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High Court of DelhiBAIL APPLN./891/2018

Ranga Khadka v. State (The State Of NCT Delhi)

2018-08-31Hon'Ble Ms. Justice Mukta Gupta2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 891/2018 RANGA KHADKA ..... Petitioner Represented by:

Mr.Avneesh Saran, Advocate versus STATE (THE STATE OF NCT DELHI) ..... Respondent Represented by:

Mr.Ashok Kumar Garg, APP for the State with SI Amit Dutt, PS Lajpat Nagar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 31.08.2018 1.

Petitioner is facing trial in case FIR No.51/2013 under Sections 302/394 IPC registered at PS Lajpat Nagar. Along with the petitioner, four more accused were facing trial out of which two filed applications taking the plea of juvenility which was finally decided in their favour and their inquiries have been transferred to the Juvenile Justice Board. Since the petitioner is in custody since 26th February, 2013, this Court called for a report from the learned Trial Court about the reasons for delay in conclusion of the trial. As noted above since the plea of juvenility of two other offenders and the verification qua the age was required to be done from Nepal, it took some time for the decision resulting in delay of the present trial.

BAIL APPLN. 891/2018

2.

The case of the prosecution is based on circumstantial evidence and to prove its case the prosecution has cited 23 witnesses out of which till date only 7 witnesses have been examined. Since the petitioner is now in custody for nearly five and a half years, the learned Trial Court is, therefore, directed to expedite the trial and conclude the same preferably within six months from the next date of hearing as the witnesses of the prosecution are mainly all police witnesses.

3.

Petition is disposed of.

4.

Copy of this order be communicated to the learned Trial Court. MUKTA GUPTA, J.

AUGUST 31, 2018 mamta BAIL APPLN. 891/2018