Nicolas Chinedu vs State Of Himachal Pradesh
2023 Latest Caselaw 5225 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                   Cr.M.P. (M) No. 2387 of 2022

                                                   Date of decision: 8.5.2023




                                                                                          .

    Nicolas Chinedu.                                                                           ...Petitioner.
                                                   Versus
    State of Himachal Pradesh.                                                                 ...Respondent.





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1





    For the Petitioner.                      Mr.Karan Veer Singh, Advocate.

    For the Respondent:                      Mr.Rajesh Mandhotra, Additional Advocate
                                             General, for the respondent.


                           Vivek Singh Thakur, Judge (Oral)

Learned Additional Advocate General has informed that next date

in present case for recording evidence has been fixed on 9.5.2023.

2. At this stage, learned counsel for the petitioner, under instructions,

seeks permission to withdraw this petition with liberty to file afresh with further

prayer to direct the trial Court to conclude the trial in time bound manner. He has

further submitted that in present case after recording statement under Section 313

Cr.P.C., supplementary challan has been presented by the prosecution and now

only witnesses cited in supplementary challan are to be examined and, therefore,

matter may be concluded within a short span by the Trial Court.

3. So far as filing of fresh petition is concerned, being accused,

petitioner has right to file successive bail applications before any competent

Court of law including Special Judge, having jurisdiction to adjudicate the

same and for that purpose no liberty of the Court is necessary.

3. With aforesaid observations, present petition is dismissed as

withdrawn, as prayed with direction to Trial Court to conclude the trial as

expeditiously as possible, particularly keeping in view the fact that petitioner

is a Foreign National and his VISA has expired which is an impediment for

him to pray for enlargement him on bail. The trial be concluded on or before

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

20th June, 2023, as per its seniority amongst the similar pending trials,

subject to the provisions of High Court of Himachal Pradesh Case Flow

Management (Subordinate Courts) Rules, 2005.

.

4. The parties are permitted to produce copy of order downloaded

from the High Court website and trial Court shall not insist for certified copy

of the order, however, if required, passing of order can be verified from the

High Court website or otherwise.

                                                     (Vivek Singh Thakur),
     th
    8 May, 2023                                               Judge.
          (Keshav)