Gurdeep Singh v. State Of U.T Chandigarh

-1CRM-M-44025 of 2019 (O&M) 203IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44025 of 2019 (O&M) Date of Decision: 02.11.2020 Gurdeep Singh

...Petitioner

Versus

State of UT Chandigarh ....Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL Present:- Mr. G.S. Sadhrao, Advocate, for the petitioner. Mr. Munish Jain, APP, U.T., Chandigarh.

DEEPAK SIBAL, J. (ORAL) Case taken up through Video Conferencing.

Through the present petition filed under Section 439 Cr.P.C. the petitioner seeks the grant of regular bail in FIR No.199 dated 18.06.2018, registered under Sections 376 and 506 IPC at Police Station Sector 26, UT Chandigarh.

Learned counsel for UT Chandigarh submits that since in the petitioner's trial the prosecution has already led its entire evidence the petitioner be not granted regular bail and instead this Court may consider issuance of directions to the trial Court to dispose of the trial in a timebound manner. He further submits that he has clear instructions that in the present times when the world faces the Covid-19 pandemic the prosecution would have no objection to the physical hearing of the petitioner's trial with regard to production of defence witnesses and final hearing of the matter. Learned counsel for the petitioner also submits that in case, RAVINDER SINGH 2020.11.06 14:30 I attest to the accuracy and integrity of this document

-2CRM-M-44025 of 2019 (O&M) after considering the above submission made by the learned State counsel this Court is not inclined to grant regular bail to the petitioner, the instant petition may be disposed of with directions to the trial Court to conclude the petitioner's trial in a time bound manner and that he too has clear instructions that in these times the petitioner or his counsel before the trial Court are also ready to produce the defence witnesses and argue the matter through physical hearing.

The petitioner's trial is virtually at its fag end and therefore the prayer made by the petitioner for the grant of regular bail is declined. However, in the light of the above statements made at the bar by the learned counsel for the parties the petition is disposed of with a direction to the Trial Court to take a final decision in the petitioner's trial within two months from the next date fixed before it by resorting to physical/ virtual hearing. Such direction is subject to the assessment by Sessions Judge, U.T., Chandigarh of the prevailing local conditions including the intensity of the spread of Covid-19 pandemic, guidelines/health advisories and SOPs issued by the Government of India/State Governments from time to time.

(DEEPAK SIBAL) November 02, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.11.06 14:30 I attest to the accuracy and integrity of this document