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Judgment
Jyotsna Rewal Dua, J
Petitioner was arrested on 8.8.2018, in FIR No.43/18, dated 7.8.2018, under Sections 363, 366, 376, 342 of Indian Penal Code, Section 4 of the
Protection of Children from Sexual Offences (POCSO) Act and Section 3(I) (i) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, registered at Police Station Brow, District Kullu, H.P.
On 28.11.2018, petitioner was enlarged on bail by the learned Sessions Judge, Special Court (POCSO) Kinnaur Sessions Division at Rampur
Bushahr, H.P. However, on the complaint of the prosecutrix of receiving threatening from the petitioner, the bail was cancelled vide order dated
20.03.2019. The order cancelling the bail was accepted by the petitioner. It has been jointly submitted by learned counsel for the parties that trial of
the case is presently going on wherein twenty, out of twenty five prosecution witnesses, have already been examined, two witnesses have been given
up and only three witnesses are left to be examined. The trial is now stated to be fixed for 29.08.2020. Present bail petition in such situation cannot be
entertained.
However, considering the fact that the petitioner is behind the bars w.e.f. 8.8.2018 and keeping in view the CovidÂ19 Pandemic situation, this
petition is disposed of by directing learned Sessions Judge, Special Court (POCSO) Kinnaur Sessions Division at Rampur Bushahr, H.P., to make all
possible endeavour to expedite and conclude the ongoing trial by 31st December, 2020. The petitioner is at liberty to move bail application afresh, in
accordance with law at an appropriate stage, if so required.
Pending miscellaneous applications, if any, shall also disposed of.
Registry is directed to communicate a copy of this order to the learned District and Sessions Judge, Special Court (POCSO) Kinnaur Sessions
Division at Rampur Bushahr, H.P. forthwith.