Manjeet vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner alongwith three others is accused of murdering one Anup Khatri in FIR No.59/2017, registered on 10.09.2017, under Sections 302, 201, 120B of Indian Penal Code at Police Station Panchrukhi, District Kangra.

Learned counsel for the petitioner has brought to the notice order dated 01.09.2020 passed by this Court, disposing of an earlier bail petition, bearing Cr.MP(M) No.1430 of 2020, preferred by co-accused Suraj, with the following observations:-

"2. An earlier bail petition, bearing Cr.MP(M) No.2394 of 2019, filed by the petitioner on almost similar pleas as taken in the instant petition was permitted to be withdrawn vide order dated 10.01.2020 after perusal of the status report and after hearing the learned counsel at length. However, considering the fact that the challan in the case was presented on 05.09.2018 as well as the fact that three witnesses had already been examined as on 10.01.2020, therefore, in the aforesaid order dated 10.01.2020, learned Trial Court was requested to make an endeavour for expediting and completing the trial preferably by 31st July 2020.

Learned counsel for the petitioner seeks permission to withdraw the instant bail petition with liberty to file afresh in accordance with law. Prayer is accepted. However, learned counsel also submitted that no further progress in the trial has been made. Perhaps, this is on account of COVID-19 pandemic as mentioned in the status report. Be that as it may. Considering the fact that the petitioner is in judicial custody w.e.f. 24.07.2018 and challan stands presented on 05.09.2018, and in view of the current scenario, where the lockdown is being gradually lifted, learned Trial Court/ Additional Sessions Judge-III, Kangra at Dharamshala, is directed to conclude the ongoing trial in all respects by or before 31st January, 2021."

Since the present bail petition also arises out of the same FIR, therefore, the directions in the above order shall mutatis mutandis apply to the present petition/ petitioner as well. Ordered accordingly.

Registry is directed to forthwith communicate a copy of this order to the learned Additional Sessions Judge-III, Kangra at Dharamshala, for compliance. It is also open for the petitioner to bring this order to the notice of the learned Trial Court.

With the aforesaid observations, the present petition is dismissed as withdrawn, as prayed for, with leave and liberty to file afresh in accordance with law.