Savar @ Sabar v. State Of Haryana

CRM-M-40328-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40328-2023

Reserved on: 23.08.2023

Pronounced on: 31.08.2023 Savar @ Sabar ......... PeƟƟoner

Versus

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

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Ms. Pinki Mehla, Advocate for the peƟƟoner.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

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

Dated Police StaƟon SecƟons 03.09.2022 Sadar Kaithal, District Kaithal 457, 342, IPC (171, 120-B, 395, 397 IPC added and 392, 394 IPC deleted later on) 1.

The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail.

2.

The peƟƟoner did not disclose the criminal antecedents. However, State counsel submits that the peƟƟoner has involvement in eleven more cases. 3.

As per the order passed by the Sessions Court rejecƟng the peƟƟoner's bail, one of the reasons was that five other cases are pending against him and in all there are similar type of allegaƟons. It is not that the peƟƟoner has commiƩed this offence for the first Ɵme, he is a habitual offender and is conƟnuously involved in snatching from helpless people. In the present case, the allegaƟons are that he had entered into a Dera (a religious place) and looted mobile phones, money and other arƟcles from the Saint (Priest). Regarding the argument that the peƟƟoner is in custody since 17.09.2022, this Court would be direcƟng the trial Court to expedite the trial.

4.

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, JYOTI 2023.09.02 13:59 I attest to the accuracy and integrity of this order/judgment.

CRM-M-40328-2023 this court requests the concerned trial court to make all endeavours 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. If there is no other order regarding conclusion of trial as in earlier peƟƟon this Court directed to conclude the trial by 31.07.2023. To meet the deadline, an endeavour 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 31.08.

Yes Whether reportable:

No.

JYOTI 2023.09.02 13:59 I attest to the accuracy and integrity of this order/judgment.