Anil Babruwan Kale v. Union Of India

Crl.Petition No.3841 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3841 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused No.1 on bail in connection with SC NDPS No.39 of 2022 on the file of Metropolitan Sessions Judge, Cyberabad at L.B.Nagar for the offence punishable under Section 8(c) read with Section 20(b)(ii)(c), 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard learned counsel for the petitioner/Accused No.1 and the learned Special Public Prosecutor for NCB for the respondent-State. Perused the record.

3.

Learned counsel for the petitioner submits that, though there was a direction by this court vide Crl.Petition No.8159 of 2021 dated 13.12.2021 directing the court for expeditious trial, the trial was not completed by the trial Court, for which reason, the petitioner/Accused No.1 cannot be incarcerated for the mistake of the trial Court in not proceeding with the trial.

Crl.Petition No.3841 of 2022 4.

Learned Special Public Prosecutor for NCB submits that for the reason of abscondance of one of the Accused, the case was being split up by the trial Court and undertakes to complete the process of trial within four months.

5.

Accordingly, the criminal petition is disposed off directing the trial Court to complete the process of trial within a period of four

(04) months, failing which the petitioner/Accused No.1 if so advised can file the application seeking bail.

6.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

______________ K.SURENDER,J Date : 27.04.2022 ns