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Judgment
Rajnesh Oswal, J
CrlM No. 1010/2020
The instant application has been filed by the applicant seeking extension of time for filing the affidavit, stamp and court fee etc in support of petition. For the reasons stated in the application, the same is allowed.
The applicant shall do the needful within a period of three days, when the normal functioning of the Courts begins.
Application is, accordingly, disposed of.
Bail App No. 173/2020
Present application has been filed for grant of bail as earlier the bail application was rejected twice by the learned Sessions Judge, Jammu. Learned counsel for the applicant has raised the grounds those pertain to the merits of the case and the same cannot be adjudicated upon by this Court, while deciding the bail application particularly when the Learned Trial Court has yet to apply its mind on charge/discharge of the accused. On being confronted with such position, learned counsel for the applicant submits that learned Sessions Judge may be directed to decide the issue of charge/discharge of the applicant and other accused persons as early as possible. He further submits there is no evidence against the applicant but despite that he is in custody.
In view of the submissions made above and without commenting upon the merits of the case, this application is disposed of with a direction to the learned Sessions Judge Jammu to decide the issue of charge/discharge of the applicant as well as other accused in the challan by conducting the proceedings through virtual mode. Mr. Aseem Sawhney, learned AAG submits that the difficult may arise while conducting the proceedings through virtual mode and this apprehension of learned AAG can be taken care of by the learned Sessions Judge by directing all the parties to submit their written arguments.. Needless to say, that all the parties shall provide all the possible assistance to the learned Sessions Judge, Jammu in the conclusion of the proceedings regarding charge/discharge of the accused persons. Learned Sessions Judge, Jammu shall make endeavour to conclude the proceedings preferably by or before 31.10.2020.
Registry shall send a copy of this order to the concerned court.
Disposed of.