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Judgment
Sandeep Sharma, J
Through Video Conferencing
Having perused the status report filed on behalf of respondent-State, learned counsel representing the petitioner, on instructions, seeks permission to
withdraw the present petition, at this stage, with liberty to file afresh, at appropriate stage.
However, Mr. Yashveer Singh Rathore, learned counsel representing the petitioner states that since petitioner is behind the bars for the last two
and half years and till date not even a single witness has been examined, necessary direction may be issued to learned court below to expedite the
trial.
Consequently, in view of the aforesaid statement made by Mr. Yashveer Singh Rathore, learned counsel representing the petitioner, the present
petition is dismissed, as withdrawn with liberty, as prayed for. However, having taken note of the fact that petitioner is behind the bars for the last two
and half years and till date not even single prosecution witness has been examined, this Court hopes and trusts that learned court below would make
all out efforts to conclude the trial expeditiously, preferably, within a period of six months. Learned Court below is also directed to record the
statement of victim/prosecutrix at an early date, so that freedom of bail petitioner is not curtailed for an indefinite period, on the ground that in the
event of his being enlarged on bail, he may cause harm or dissuade victim/prosecutrix to depose against him.
Needless to say, this Court on judicial as well as administrative sides, has been repeatedly advising the courts below to conclude the trial of under
trials on top most priority so that their freedom is not curtailed for an indefinite period. Registry of this Court to apprise learned court below with
regard to passing of instant order, enabling it to do the needful within the stipulated time.