Sandeep @ Mogri v. State Of Haryana

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 43791 of 2016 Date of decision: 21.3.2017 Sandeep @ Mogri Petitioner vs.

State of Haryana Respondent

Present:

Mr. Parshant Sethi, Advocate.

Mr. Gaurav Jindal, Addl.A.G. Hry M.M.S.BEDI,J.

During the course of arguments, it transpires that additional accused having been summoned, the trial has started afresh. On asking of the Court, it has been informed that no witness has been examined after the summoning of additional accused. It appears that co-accused Pawan had been ordered to be summoned by the orders of the High Court after ten witnesses had already been examined. Taking into consideration the circumstance that the petitioner has been in custody since 3.3.

2014 and the fact that on account of injury attributed with a glass bottle on the head of Kulbir, the victim Kulbir is still unable to walk, striking a balance between the right of the petitioner for expeditious disposal of the trial and the right of the prosecution agency to produce witnesses, unhampered by any threat, I deem it appropriate to dispose of the present petition with a direction that the trial court shall make an endeavour to record the statements of the prosecution witnesses within a period of six months after the receipt of certified copy of the order. In case the statements of the witnesses are not recorded within the above said period, the trial court shall release the petitioner on bail on his furnishing bail bonds/ surety bonds to its satisfaction. Disposed of with the above observations.

March 21, 2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.03.21 17:36 I attest to the accuracy and integrity of this document