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Judgment
17 paragraphs · 298 wordsArun Kumar Tyagi, J
The case has been taken up for hearing through video conferencing.
The petitioner has filed present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.61
dated 21.03.2019 registered under Sections 380 and 457 of the Indian Penal Code, 1860 (for short 'the IPC') in Police Station Industrial, Section-7,
IMT Manesar, Gurugram to which Sections 394, 395, 397, 427 and 201 of the IPC were added lateron.
After arguing for some time, learned Counsel for the petitioner submits that the petitioner does not want to continue with the present petition and the
same may be dismissed as withdrawn at this stage.
Dismissed as withdrawn at this stage.
However, in view of the observations made by Hon'ble Supreme Court in Doongar Singh Vs. State of Rajasthan 2018 (1) RCR Criminal 256, State of
U.P. Vs. Shambhu Nath Singh and others, 2001 (2) R.C.R. (Criminal) 390, Hussain and another Vs. Union of India 2017(2) RCR Criminal 312 and
Thana Singh Vs. Central Bureau of Narcotics 2013(1) R.C.R(Criminal) 861, the trial Court is directed to expedite the trial and record prosecution
evidence preferably within a period of four months by conducting trial on day to day basis by allocating block of dates for the trial as directed by
Hon'ble Supreme Court and by issuing coercive process for securing presence of the witnesses.
In case of non-appearance of any of the prosecution witnesses, the trial Court shall take appropriate action against the concerned witness absenting
without any lawful excuse by filing complaint under Section 174 of the Indian Penal Code, 1860 or taking proceedings under Section 350 of the
Cr.P.C. against him.
A copy of this order be sent to the trial Court concerned for requisite compliance.
