Vijay vs The State
2019 Latest Caselaw 510 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of Order: January 25, 2019

+       BAIL APPLN. 203/2019
        VIJAY                                            .....Petitioner
                      Through:          Mr. Varun Dhingra, Advocate

                           versus

        THE STATE                                          .....Respondent
                           Through:     Mr.M.P. Singh, Additional Public
                                        Prosecutor with SI Mumtaz Ahmad
        CORAM:
        HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

(ORAL)

Crl.M.A. 1699/2019 (Exemption) Allowed subject to all just exceptions. BAIL APPLN. 203/2019 Petitioner is the husband of deceased who seeks regular bail in FIR No. 19/2014, under Sections 498A/304B/34 IPC, registered at police station D.B.G. Road, New Delhi while claiming that petitioner is in custody for more than five years.

Learned counsel for petitioner submits that for the last one and half year, Investigating Officer of this case is not deposing before the trial court and the next date of hearing before the trial court is 7th February, 2019.

Mr. M.P.Singh, Additional Public Prosecutor for respondent-State, accepts notice.

Let the Additional Public Prosecutor for respondent-State ensure that the Investigating Officer of this case appears before the trial court on the date fixed and if for any reason whatsoever, there is no appearance on behalf of above Investigation Officer, then coercive steps be taken to obtain his presence for a short date.

Since petitioner is in custody for last more than five years, therefore, instead of appreciating the evidence recorded, it is deemed appropriate to dispose of this application with direction to trial court to make all endeavors to conclude the trial of this case within a period of three months or so.

Trial court be apprised of this order forthwith to ensure its compliance.

With aforesaid directions, this application is disposed of.

(SUNIL GAUR) JUDGE JANUARY 25, 2019 v