High CourtsSingle Bench

Uttam Chand vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 16 June 2020 · Citation: (2020) 06 SHI CK 0077

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 720 Of 2020
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Judgment

4 paragraphs · 245 words

Sandeep Sharma, J

1.

Perusal of status report filed in terms of order dated 28.5.2020 clearly reveals that only ten prosecution witnesses remain to be examined and as such, this Court in not inclined to consider the instant petition at this stage.

2.

In view of the above, learned counsel for the petitioner seeks permission to withdraw the present petition, with liberty to file afresh at appropriate stage, if so required and desired.

3.

Consequently, in view of the aforesaid, present petition is dismissed as withdrawn with liberty as prayed for. However, having taken note of the fact that petitioner is behind bars since October, 2016 and this Court vide order dated 10.12.2019 passed in Cr.MP(M) No. 2165 of 2019, had directed the court below to conclude the trial on or before 15.3.2019, coupled with the fact that only ten witnesses remain to be examined, this Court hopes and trusts that court below would make all out efforts to conclude the trial expeditiously, preferably on or before 31.10.2020. This Court on judicial as well as administrative side, 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. Needless to say, prosecution shall render all assistance to the court below, enabling it to do the needful well within the stipulated period. Registry is directed to apprise the court below with regard to passing of the instant order.