High Court of Punjab and HaryanaCRM-M/11638/2023disposed of

Ankit v. State Of Punjab

2023-05-08Mr. Justice Anoop Chitkara2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-20025-2023 in/and CRM-M-11638-2023 (O&M) Date of Decision: 08.05.2023 Ankit ......... PeƟƟoner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Salil Dev Singh Bali Advocate for the peƟƟoner. Mr. Harsimar Singh SiƩa, DAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) CRM-20025-2023 This is an applicaƟon for preponing the main peƟƟon, which is pending for 29.08.2023.

For the reasons menƟoned in the applicaƟon, the same is allowed and the main peƟƟon is taken up for hearing on board today itself. C RM-M-11638-2023 FIR No.

Dated Police StaƟon SecƟons 25.10.2021 Naya Gaon, District SAS Nagar, Punjab 452, 427, 323, 324, 148, 149 IPC (Challan presented on 450, 427, 302, 323, 324, 201, 148, 149 IPC) 1.

The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail. 2.

Counsel for the peƟƟoner submits that the eye witness has turned hosƟle and did not support the prosecuƟon case. However, the trial is delaying because the complainant is intenƟonally not coming and delaying the case purposefully. 3.

AŌer arguing for some Ɵme, counsel for the peƟƟoner further submits that at this stage, he would be contended and saƟsfied if a direcƟon is given to the trial court to JYOTI 2023.05.12 08:41 I attest to the accuracy and integrity of this order/judgment.

expedite the trial and decide the same in a Ɵme-bound manner and further in case the trial

CRM-M-11638-2023 (O&M) 2023:PHHC:065640 is not completed by the given date, he is permiƩed to file a fresh bail peƟƟon on the grounds of delay in the trial, in addiƟon to the merits of the case. 4.

Given above, considering the peƟƟoners' custody, this court requests the concerned trial court to make all endeavours to conclude the trial by Sep 30, 2023, of which the prosecuƟon evidence be completed by Aug 31, 2023, and the remaining Ɵme to provide an opportunity to the accused to lead defence evidence, if so desired. It is clarified that this order expediƟng the trial is subject to the condiƟon that neither the peƟƟoner shall seek any adjournment nor try to use any tacƟcs to delay the trial. If they do so, this order of expediƟng the trial shall stand automaƟcally recalled by resorƟng to SecƟon 362, read with SecƟon 482 Code of Criminal Procedure, 1973, without any further reference to this court. However, if the trial is not completed by the date menƟoned above, and the delay is not aƩributable to the peƟƟoner, in that situaƟon, it shall be permissible for the peƟƟoner to file a bail peƟƟon by taking an addiƟonal ground of delay in the trial, and such peƟƟon may be filed before the trial court or this court. 5.

The peƟƟon is disposed of with the aforesaid liberty and observaƟons. All pending applicaƟons, if any, stand closed.

(ANOOP CHITKARA) JUDGE 08.05.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.05.12 08:41 I attest to the accuracy and integrity of this order/judgment.