Citation : 2023 Latest Caselaw 10270 HP
Judgement Date : 26 July, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
Cr.MP(M) No. 1638 of 2023
Decided on: 26.7.2023
Chet Ram .....Petitioner.
Versus
State of H.P. .....Respondent.
Coram
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Karan Kapoor and Mr.
Mahesh Thakur, Advocates.
For the respondent : Mr. Manoj Chauhan, Additional
Advocate General.
ASI Puran Chand, I/O Police
Station, Sadar Shimla in person.
Vivek Singh Thakur, Judge (Oral)
Status report stands filed. It has been stated that out
of 41 witnesses, 39 witnesses have been examined and the
matter has now been fixed for 27th and 28th July, 2023 for
recording the evidence of remaining witnesses.
2. It has been contended on behalf of the petitioner that
petitioner is behind the bar since about five years and despite that
trial has not been concluded and, therefore, he is entitled for bail.
Whether the reporters of the local papers may be allowed to see the Judgment?
3. Learned Additional Advocate General submits that the
trial is at advanced stage and is likely to be concluded during next
.
couple of months and, therefore, at this advanced stage of trial, it
would not be appropriate to enlarge the petitioner on bail.
4. Taking into consideration the entire facts and
circumstances, especially advanced stage of the trial with
reference to the nature and gravity of the offence alleged to have
been committed by the petitioner, I do not find it appropriate to
enlarge the petitioner on bail at this stage.
5. Accordingly, the present petition is dismissed, with
direction to the Trial Court to conclude the trial as expeditiously as
possible, preferably on or before 31st October, 2023 by taking into
consideration the length of detention and seniority of the case
amongst the similar pending trials as well as subject to the
provisions of High Court of Himachal Pradesh Case Flow
Management (Subordinate Courts) Rules, 2005.
( Vivek Singh Thakur ) Judge July 26, 2023 (vs)
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