Ravi Kumar v. State Of Punjab

CRM-M-29672 of 2020 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-29672 of 2020 Date of decision:01.10.2020 Ravi Kumar ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Nandan Jindal, Advocate for the petitioner.

Mr. Harbir Sandhu, AAG, Punjab assisted by SI Jarnail Singh.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

The instant second petition has been filed for grant of regular bail in FIR No.72 dated 12.09.2019 registered under Sections 376/511 of Indian Penal Code, 1860 and Section 18 of the Prevention of Children from Sexual Offences Act, 2012 at Police Station Balachaur, District SBS Nagar. The first petition for bail pending trial was withdrawn, after arguments, by the counsel for the petitioner on 13.08.2020. The present petition has been filed barely 05 weeks later. Counsel for the petitioner has not been able to point out any change in the factual situation or circumstances which have necessitated filing of the second petition. In any case, the second petition for grant of SAVITA KADIAN 2020.10.05 16:31 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-29672 of 2020 {2} regular bail, without there being any change, would be deemed to be seeking review of the earlier judgment which is not permissible in criminal law. During the course of arguments, it has transpired that the trial is pending for adducing evidence in defence by the accused. Custody certificate dated 01.10.2020 filed by the State, is taken on record.

In view of the fact that the trial is at the fag end, this Court does not deem it appropriate to grant bail to the petitioner. The petition, is accordingly, dismissed.

However, considering the fact that the trial can likely to be concluded within next few hearings, the trial Court is directed to explore the possibility of conducting the proceedings and hearing the arguments through video conferencing, in case, it is not possible to hear the arguments physically while adhering to all the safeguards and conclude the trial expeditiously, preferably within a period of 04 months from today. (SUVIR SEHGAL) JUDGE October 01, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.10.05 16:31 I attest to the accuracy and integrity of this document High Court Chandigarh