Chajju @ Babu Mian v. State Of Punjab

CRM-M-34822-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34822-2022

Reserved on: 11.08.2023

Pronounced on: 22.08.2023 Chajju @ Babu Mian ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Deepak Girotra, Advocate for the peƟƟoner. Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 20.08.2020 Shahpurkandi, 302, 307, 148, 149 IPC (458, Pathankot 459, 460 IPC added later on) 1.

The peƟƟoner, incarceraƟng upon his arrest in the FIR capƟoned above, came up before this Court under SecƟon 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

In paragraph 5 of the bail peƟƟon, the accused declares that he has no criminal antecedents.

3.

PeƟƟoner's contenƟon is that the pre-trial incarceraƟon would cause an irreversible injusƟce to the peƟƟoner and family. 4.

State opposes the bail.

REASONING:

5.

The allegaƟons against the peƟƟoner are that he along with other co accused entered into the house and gave beaƟngs to the family members of the complainant and commiƩed the murder of Ashok Kumar. The present peƟƟoner is named in disclosure statement. A perusal of the bail peƟƟon and the documents aƩached, prima facie points towards the peƟƟoner's involvement and does not make out a case for bail. Any further discussions are likely to prejudice the peƟƟoner; this court refrains from doing so. JYOTI 2023.08.22 13:08 I attest to the accuracy and integrity of this order/judgment.

CRM-M-34822-2022 6.

Any observaƟon made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. The peƟƟon is dismissed. All pending applicaƟons, if any, stand closed. However, considering the peƟƟoner's right to speedy trial coupled with the pre-trial incarceraƟon, this court requests the concerned trial court to make all endeavors to conclude the trial by Dec 31, 2023, of which the prosecuƟon evidence be completed by Oct 31, 2023, and latest by Nov 30, 2023, and the remaining Ɵme to provide an opportunity to the accused to lead defence evidence, if so desired, and to conclude its hearing. To meet the deadline, an endeavors be made to speed up the process for service and to pass the necessary direcƟons in this regard.

It is clarified that if expediƟng this trial disturbs the docket of the concerned court, then a balance be struck, and if, on this account, any delay happens, then an extension can be sought by menƟoning such reasons. It is clarified that this order speeding up 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. If any of the accused is on bail and fail(s) to aƩend the trial without any sufficient cause, then they be dealt with strictly but in accordance with law.

It is clarified that if the trial is not concluded by the date menƟoned above, and if the delay is not aƩributable to the peƟƟoner, then the peƟƟoner may file an applicaƟon for bail before the trial court, which shall decide it expediƟously and consider the bail on the grounds of pre-trial custody, and all the previous orders of dismissal passed by the trial court or High Court shall not come in the way. (ANOOP CHITKARA) JUDGE 22.08.

Yes Whether reportable:

No.

JYOTI 2023.08.22 13:08 I attest to the accuracy and integrity of this order/judgment.