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High Court of Punjab and HaryanaCRM-M/19174/2020disposed of

Sanjeev Kumar @ Charbi v. State Of Punjab

2020-09-09Mr. Justice Harsimran Singh Sethi2 pages

CRM-M-19174-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(206) CRM-M-19174-2020 Date of Decision: September 09, 2020 Sanjeev Kumar @ Charbi .. Petitioner

Versus

State of Punjab .. Respondent (Through video conferencing) CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Amandeep Singh Manaise, Advocate, for the petitioner. Mr. Sandeep Singh Deol, DAG, Punjab.

Mr. Parvesh Sachdeva, Advocate, for the complainant. HARSIMRAN SINGH SETHI, J.(ORAL) Learned counsel for the petitioner submits that though the charges have already been framed and statements of 17 prosecution witnesses have to be recorded and none have been examined so far including the complainant and the petitioner is suffering due to the said inaction on the part of the State in examining the prosecution witnesses and the same is causing prejudice to the petitioner. Learned counsel for the petitioner further submits that a direction be issued to the respondent to examine the complainant as the next witness so that, in case after the recording of the same, the petitioner has right to seek the bail, he can avail his remedy at that given point of time.

Learned counsel for the respondent-State submits that as the witnesses are yet to be examined, the State has no objection in case the complainant's testimony is recorded as the first witness. NARESH KUMAR 2020.09.10 16:58 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-19174-2020 Keeping in view the statement of learned State counsel, learned counsel for the petitioner does not wish to press this petition qua the relief of the grant of bail but prays that appropriate direction be issued to the trial Court for examination of the complainant as the first prosecution witness as expeditiously as possible.

As the petitioner has not pressed this petition qua the grant of bail, the present petition is disposed of by giving direction to the trial Court that the complainant be examined as the first witness as expeditiously as possible keeping in view the present situation. (HARSIMRAN SINGH SETHI) September 09, 2020 JUDGE harsha/naresh.k Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No NARESH KUMAR 2020.09.10 16:58 I attest to the accuracy and integrity of this document High Court Chandigarh