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Judgment
21 paragraphs · 356 wordsArun Kumar Tyagi, J
(The case has been taken up for hearing through video conferencing.)
The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.' for grant of regular bail
in case FIR No.92 dated 20.05.2018 registered under Sections 420 and 120-B of the Indian Penal Code, 1860 and Section 24 of the Immigration Act,
1983 in Police Station Division No.6, District Police Commissionerate Jalandhar.
Reply by way of affidavit of Sh. Harinder Singh, PPS Assistant Commissioner of Police IV, Model Town, Jalandhar has been filed in the Registry
which is taken on record.
Custody certificate has also been filed by learned State Counsel through e-mail print out of which is taken on record.
After arguing for some time, learned Counsel for the petitioner has submitted that the petitioner does not want to continue with the present petition and
the same may be dismissed as withdrawn at this stage.
Dismissed as withdrawn at this stage.
However, in view of the observations made by Hon'ble Supreme Court in Doongar Singh Vs. State of Rajasthan 2018 (1) RCR Criminal 256, State of
U.P. Vs. Shambhu Nath Singh and others, 2001 (2) R.C.R. (Criminal) 390, Hussain and another Vs. Union of India 2017(2) RCR Criminal 312 and
Thana Singh Vs. Central Bureau of Narcotics 2013(1) R.C.R(Criminal) 861, the trial Court is directed to conclude the trial expeditiously preferably
within a period of four months from the date of receipt of copy of this order by conducting trial on day to day basis as far as possible and by allocating
block of dates for the trial as directed by Hon'ble Supreme Court and by issuing coercive process for securing presence of the witnesses, if so
required.
In case of non-appearance of any of the witnesses, the trial Court shall take appropriate action against the concerned witness absenting without any
lawful excuse by filing complaint under Section 174 of the Indian Penal Code, 1860 or taking proceedings under Section 350 of the Cr.P.C. against
him.
A copy of this order be sent to the trial Court concerned for requisite compliance.