2023:PHHC:061504
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
443 CRM-M-56075-2022
Date of Decision: 29.04.2023
Samsher ......... Pe oner
Versus
State of Haryana ......... Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:- Mr. Randeep S. Dhull, Advocate for the pe oner.
Mr. Vinay Phogat, DAG, Haryana.
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ANOOP CHITKARA, J. (ORAL)
FIR No. Dated Police Sta on Sec ons
2 02.01.2020 Barauda, 302, 34 IPC and 25 of Arms
District Sonepat Act
The pe oner incarcerated in the FIR cap oned above, has come up before
this Court under Sec on 439 CrPC seeking bail.
2. State counsel has opposed the present pe on.
3. Due to heavy pendency, this court proposed giving a date as per the available slot applicable to this ma er. On this, the pe oner's counsel submits that at this stage, they would be contended and sa sfied if a direc on is given to the trial court to expedite the trial in a me-bound manner and further in case the trial is not completed by the given date, they are permi ed to file a fresh bail pe on on the grounds of delay in the trial, in addi on to the merits of the case.
4. Given above, considering the pe oners' custody, this court requests the concerned trial court to make all endeavours to conclude the trial by Sep 30, 2023, of which the prosecu on evidence be completed by Aug 31, 2023, and the remaining me to provide an opportunity to the accused to lead defence evidence, if so desired. It is clarified that this order expedi ng the trial is subject to the condi on that neither the pe oner shall seek any adjournment nor try to use any tac cs to delay the trial. If they do so, this order of expedi ng the trial shall stand automa cally recalled by resor ng to Sec on 362, read with Sec on 482 CrPC, without any further reference to this court. However, if the trial is not JYOTI 2023.05.02 15:51 I attest to the accuracy and integrity of this order/judgment.
CRM-M-56075-2023 2023:PHHC:061504
completed by the date men oned above, and the delay is not a ributable to the pe oner,
in that situa on, it shall be permissible for the pe oner to file a bail pe on by taking an
addi onal ground of delay in the trial, and such pe on may be filed before the trial court
or this court.
5. The pe on is disposed of with the aforesaid liberty and observa ons. All pending applica ons, if any, stand closed.
(ANOOP CHITKARA)
JUDGE
29.04.2023
Jyo -II
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
JYOTI
2023.05.02 15:51
I attest to the accuracy and
integrity of this order/judgment.