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Judgment
The order dated 01.03.2016 passed by the learned Armed
Forces Tribunal, Chandigarh, Regional Bench at Chandimandir, rejecting
the plea for bail during the pendency of the appeal is under challenge before
this Court.
We heard the elaborated submissions made by the learned
counsel for the writ petitioner and the learned Additional Solicitor General
of India.
Considering the duration of custody, the gravity of the charge
and the positive findings recorded by the Summary Court General Martial,
we are not inclined to grant bail to the writ petitioner. It is brought to our
notice that the appeal which has been preferred by the writ petitioner has
For Subsequent orders see CRM-M-166-2017, CRM-M-43820-2016, -- and 1 more.
been pending for about one year. Learned Additional Solicitor General of
India brings to the notice of the Court that the Original Application
(Appeal) No.25 of 2016 preferred by the petitioner herein has been
transferred to the Principal Bench, Armed Forces Tribunal, New Delhi.
In view thereof, we direct the Principal Bench, Armed Forces
Tribunal, New Delhi, to dispose of the main appeal preferred by the writ
petitioner within a period of six months from the date of this order. In case
the appeal could not be disposed of by the Principal Bench, Armed Forces
Tribunal, New Delhi, liberty is granted to the writ petitioner to move
necessary application seeking the same very relief which he has sought in
the present writ petition.
The writ petition stands disposed of accordingly.