Vishnu v. State Of Haryana

2023:PHHC:061465

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14521-2023 Date of Decision: 29.04.2023 Vishnu ......... PeƟƟoner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Abhimanyu Singh, Advocate for the peƟƟoner. Mr. Gaurav Bansal, A.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 13.07.2018 Badshahpur, District Gurugram 346 IPC (SecƟons 302, 201 IPC and SecƟon 25 of Arms Act added later on) The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail. 2.

State counsel has opposed the present peƟƟon. 3.

Due to heavy pendency, this court proposed giving a date as per the available slot applicable to this maƩer. On this, the peƟƟoner's counsel submits that at this stage, they would be contended and saƟsfied if a direcƟon is given to the trial court to expedite the trial in a Ɵme-bound manner and further in case the trial is not completed by the given date, they are 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 CrPC, without any further reference to this court. However, if the trial is not JYOTI 2023.05.02 15:51 I attest to the accuracy and integrity of this order/judgment.

CRM-M-14521-2023 2023:PHHC:061465 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 29.04.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.05.02 15:51 I attest to the accuracy and integrity of this order/judgment.