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Kapil vs Sominath State Of HP

High Court Of Himachal Pradesh · Decided on 27 August 2020 · Citation: (2020) 08 SHI CK 0365

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 313
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1298 Of 2019
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Judgment

6 paragraphs · 254 words

Sandeep Sharma, J

1.

Status report filed in the case at hand reveals that statements of all the prosecution witnesses stand recorded and the matter was ordered to be listed on 20.08.2020, for recording the statement of the accused under Section 313 of Code of Criminal Procedure. Learned counsel for the petitioner states that on 20.08.2020, statement of the accused under Section 313 Cr.P.C., could not be recorded and as such the matter has been adjourned for 07.09.2020.

2.

Having taken note of the fact that the trial is almost complete, this Court is not inclined to consider the prayer made on behalf of the bail petitioner for grant of bail at this stage and, accordingly, the present petition is dismissed as withdrawn, as prayed for by learned counsel for the petitioner.

3.

However, having taken note of the fact that the bail petitioner is behind the bar since 2014, coupled with the fact that statements of all the prosecution witnesses stand recorded, this Court hopes and trust that the Court below would conclude the trial expeditiously, preferably on or before 30.09.2020.

4.

Learned Additional Advocate General undertakes to cause presence of accused on the next date of hearing i.e,

7.

09.2020, in the Court below for getting his statement recorded under Section 313 of Cr.P.C., enabling the Court below to conclude the trial well within the time stipulated by the Court. Registry to apprise the Court below with regard to instant order enabling it to do the needful well within the stipulated time.