IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.914 of 2025 Date of Decision: 13.05.2025 _____________________________________________________________________ Surender ……...Petitioner Versus State of Himachal Pradesh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Devender K. Sharma, Advocate. For the Respondent: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent/State, along with SI Yashpal Singh, Police Station Sadar, Solan, present along with record. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Respondent-State has filed status report and SI Yashpal Singh, Police Station Sadar, Solan, has come present along with record. Perusal of status report/record reveals that entire prosecution evidence has been concluded and now Court below has fixed the matter on 17.05.2025 for recording statement of accused under Section 313 Cr.P.C. 2. Precisely, the grouse of the petitioner, as came to be highlighted in this petition and further canvassed by Mr. Devender K. Sharma, learned counsel representing the petitioner is that petitioner is behind bars since 02.09.2022, but till date, prosecution has not been able to examine all the witnesses, as a result thereof, petitioner is 2 incarcerating in jail for an indefinite period, despite his being not held guilty. In nutshell, bail petitioner through instant petition has approached this Court on the ground of inordinate delay in conclusion of trial. 3. Since it is quite apparent from the status report as well as record made available to this Court that now case registered against petitioner under Section 302 and 201 IPC is nearing conclusion, coupled with the fact that petitioner is accused of heinous crime punishable under Section 302 IPC, this Court is not persuaded to accept the prayer of learned counsel representing the petitioner for grant of bail at this stage. 4. Faced with aforesaid situation, learned counsel representing the petitioner seeks permission to withdraw the present petition, at this stage, with liberty to file afresh, at an appropriate stage, if required and desired. Ordered accordingly. 5. Having taken note of the fact that prosecution evidence is complete, this Court hopes and trusts that the Court below would make all out efforts to conclude the trial expeditiously, preferably, on or before 31.05.2025, failing which this Court shall be constrained to consider prayer made by the petitioner for bail. Learned Additional Advocate General undertakes to render proper assistance on behalf of the prosecution, enabling the Court below to conclude the trial in terms of instant order passed by this Court. Needless to say, this 3 Court on judicial as well as administrative sides, has been repeatedly advising the Courts below to conclude the trials of under trials on top most priority so that their freedom is not curtailed for an indefinite period. Registry is directed to apprise the Court below with regard to passing of the instant order. May 13, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge