High CourtsSingle Bench(2020) 11 SHI CK 0145

Ram Nath vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 12 November 2020

HON’BLE JUDGES
Vivek Singh Thakur, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1479 Of 2020

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Judgment

8 paragraphs · 286 words

Vivek Singh Thakur, J

1.

Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 78 of 2016, dated 7th May, 2016, registered at Police Station Manali, District Kullu, H.P. under Sections 302 and 506 IPC. Since beginning of the trial, petitioner is in judicial custody.

2.

Status report stands filed, wherein it is stated that trial is almost complete and only three witnesses remain to be examined, for which next date has been fixed as 28.11.2020 in the Court of learned Additional Sessions Judge, Kullu.

3.

Considering the facts and circumstances, plea for granting bail is rejected and petition is disposed of with direction to the trial Court to ensure recording of remaining prosecution witnesses on next date of hearing and in any case on or before 31st December, 2020 and thereafter conclude the trial as expeditiously as possible latest by 27th February, 2021.

4.

At this stage learned counsel for the petitioner has submitted that trial Court may also be directed to consider the case of the petitioner for enlargement him on bail under Section 437(7) Cr.P.C.

5.

The petitioner is at liberty to raise such plea before the trial Court, as permissible under law and in case such plea is raised before the trial Court, the same shall be considered and decided by the trial Court on its own merits on the basis of material on record.

6.

The trial Court shall not insist for certified copy of the order and can verify the same from the High Court website and from the Registry. The petitioner is at liberty to produce the downloaded copy of the order from the High Court website.

Dasti copy on usual terms.