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Judgment
8 paragraphs · 266 wordsG.S. Ahluwalia, J
This sixth application under Section 439 of CrPC has been filed for grant of bail. Fifth application of the applicant was allowed and the applicant was released on temporary bail for a period of two months by order dated 07.06.2021 passed in M.Cr.C. No.23032/2021.
The applicant has been arrested on 23.07.2017 in connection with Crime No.43/2017 registered at Police Station Belgadha Distt. Gwalior for the offence under Sections 307, 302, 324, 336, 294, 147, 148, 149 of IPC.
This application has been filed for grant of bail mainly on the ground of delay.
It is submitted that out of 24 witnesses, 23 have been examined, out of which, 22 witnesses have turned hostile and only one witness has supported the prosecution case. The applicant is in jail for the last more than four years. The applicant was granted temporary bail in the wake of Covid-19 Pandemic.
In absence of any order-sheet to show that the applicant is not responsible for the delay, this Court is of the considered opinion that looking to the period of custody, the Trial Court can be directed to decide the trial as early as possible.
Accordingly, the applicant is directed to file certified copy of this order before the Trial Court. The Trial Court shall decide the trial within a period of six months from the date of production of certified copy of this order. If required, the Trial Court shall proceed on day to day basis and if necessary, coercive steps shall also be taken against the witnesses.
With aforesaid observation, the application is finally disposed of.