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Judgment
6 paragraphs · 270 wordsShailendra Shukla, J
Matter was listed for consideration on extension of time under Section 482 of Criminal Procedure Code, 1973.
The applicant - Dheeraj was given the benefit of temporary bail for a period of sixty days vide order dated 11.08.2020.
The applicant is facing trial under the provisions of Sections 363, 376, 376(2)(N) of Indian Penal Code, 1860 and Section 3/4 of Protection of Children from Sexual Offences Act, 2012.
This Court on the last occasion had called for the status of trial from the concerned trial Court and the status report is now available. In the status report, it has been mentioned till 12.03.2020, four witnesses have been examined and four witnesses remained to be examined. The case was listed for evidence on 26.08.2020 and 22.09.2020 but because of pandemic COVID-19 situation, the accused remained absent and his Counsel also refused to examine the witnesses. It appears from the aforesaid that the matter was listed for evidence on 26.08.2020 and 22.09.2020 which gives an indication that the trials have resumed before the Court at Mandleshwar. Hence, it would not be appropriate to extend the period of temporary bail to the applicant. The application filed under Section 482 of Criminal Procedure Code, 1973, stands rejected. The applicant will be required to surrender before the trial Court. A direction be issued to the trial Court to resume the trial in respect of the rest of witnesses and conclude the same within a period of two months from the date of receipt of certified copy of this order.
A copy of this order be sent to the trial Court for compliance.