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Bahadur Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 April 2023 · Citation: (2023) 04 P&H CK 0078

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 362, 439, 482
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 11492 Of 2022
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Judgment

14 paragraphs · 352 words

Anoop Chitkara, J

FIR No.

Dated

Police Station

Sections

50

16.05.2021

Sadar Kurali, District SAS Nagar, Mohali

21, 61-85 and Section 22 of NDPS Act and Sections 25/54/59 of Arms Act (added later on)

1.

The petitioner incarcerated in the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail.

2.

State counsel has opposed the present petition.

3.

Due to heavy pendency, this court proposed giving a date as per the available slot applicable to this matter. On this, the petitioner's counsel submits that at this stage, they would be contended and satisfied if a direction is given to the trial court to expedite the trial in a time-bound manner and further in case the trial is not completed by the given date, they are permitted to file a fresh bail petition on the grounds of delay in the trial, in addition to the merits of the case.

4.

Given above, considering the petitioners’ custody, this court requests the concerned trial court to make all endeavours to conclude the trial by Sep 30, 2023, of which the prosecution evidence be completed by Aug 31, 2023, and the remaining time to provide an opportunity to the accused to lead defence evidence, if so desired. It is clarified that this order expediting the trial is subject to the condition that neither the petitioner shall seek any adjournment nor try to use any tactics to delay the trial. If they do so, this order of expediting the trial shall stand automatically recalled by resorting to Section 362, read with Section 482 CrPC, without any further reference to this court. However, if the trial is not completed by the date mentioned above, and the delay is not attributable to the petitioner, in that situation, it shall be permissible for the petitioner to file a bail petition by taking an additional ground of delay in the trial, and such petition may be filed before the trial court or this court.

5.

The petition is disposed of with the aforesaid liberty and observations. All pending miscellaneous applications, if any, stand disposed of.