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Judgment
S. Sunil Dutt Yadav, J
After hearing the matter for sometime, learned counsel for the petitioner submits that there is delay in commencement of evidence and in light of
the observations made earlier that the petitioner was reserved liberty to move after the completion of evidence of CW.2 and CW.3, the delay has
prejudiced his rights.
Learned HCGP would point out that efforts have been made by the prosecution to split up the case as regards those who are absconding so that the
trial would continue insofar as the petitioner herein and other accused. The trial Court to expedite the process of splitting up of the case vis-Ã -vis
those who are absconding and to go on with the commencement of trial of other accused who are before this Court.
Memo for withdrawal is taken note of. As pointed out earlier insofar as the aspect of delay is concerned, in light of the submission made by the
learned HCGP and the direction that is passed, the said aspect is taken note of and mere delay at the present juncture would not be sufficient to
enlarge the petitioner on bail. Insofar as the other grounds made out regarding health issues, liberty is reserved to the petitioner to raise the same
before the trial Court as per law.
Accordingly, the petition is disposed off subject to the above observations. Contentions of the petitioner are kept open.