Nicolas Chinedu vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Learned Additional Advocate General has informed that next date in present case for recording evidence has been fixed on 9.5.2023.

At this stage, learned counsel for the petitioner, under instructions, seeks permission to withdraw this petition with liberty to file afresh with further prayer to direct the trial Court to conclude the trial in time bound manner. He has further submitted that in present case after recording statement under Section 313 Cr.P.C., supplementary challan has been presented by the prosecution and now only witnesses cited in supplementary challan are to be examined and, therefore, matter may be concluded within a short span by the Trial Court.

So far as filing of fresh petition is concerned, being accused, petitioner has right to file successive bail applications before any competent Court of law including Special Judge, having jurisdiction to adjudicate the same and for that purpose no liberty of the Court is necessary.

With aforesaid observations, present petition is dismissed as withdrawn, as prayed with direction to Trial Court to conclude the trial as expeditiously as possible, particularly keeping in view the fact that petitioner is a Foreign National and his VISA has expired which is an impediment for him to pray for enlargement him on bail. The trial be concluded on or before 20th June, 2023, as per its seniority amongst the similar pending trials, subject to the provisions of High Court of Himachal Pradesh Case Flow Management (Subordinate Courts) Rules, 2005.

The parties are permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, if required, passing of order can be verified from the High Court website or otherwise.