Vishnu vs State Of Haryana

Anoop Chitkara, J

FIR No.

Dated

Police Station

Section

306

13.07.2018

Badshahpur, District Gurugram

346 IPC (Sections 302, 201 IPC and Section 25 of Arms Act added later on)

The petitioner incarcerated in the FIR cap oned above, has come up before this Court under Sec on 439 CrPC seeking bail.

State counsel has opposed the present petition .

Due to heavy pendency, this court proposed giving a date as per the available slot applicable to this ma er. On this, the petition er's counsel submits that at this stage, they would be contended and sa sfied if a direc on is given to the trial court to expedite the trial in a me-bound manner and further in case the trial is not completed by the given date, they are permi ed to file a fresh bail petition on the grounds of delay in the trial, in addi on to the merits of the case.

Given above, considering the petition ers’ custody, this court requests the concerned trial court to make all endeavours to conclude the trial by Sep 30, 2023, of which the prosecu on evidence be completed by Aug 31, 2023, and the remaining me to provide an opportunity to the accused to lead defence evidence, if so desired. It is clarified that this order expedi ng the trial is subject to the condi on that neither the petitionershall seek any adjournment nor try to use any tac cs to delay the trial. If they do so, this order of expedi ng the trial shall stand automa cally recalled by resor ng to Sec on 362, read with Sec on 482 CrPC, without any further reference to this court. However, if the trial is not completed by the date men oned above, and the delay is not a ributable to the petition er, in that situa on, it shall be permissible for the petitionerto file a bail petition by taking an addi onal ground of delay in the trial, and such petition may be filed before the trial court or this court.

The petition is disposed of with the aforesaid liberty and observa ons. All pending applica ons, if any, stand closed.