Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) No. 1479 of 2025 Date of Decision: 14.08.2025 _______________________________________________________ Vinay …….Petitioner Versus State of HP … Respondent _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner : Mr. Rakesh Kumar Chaudhary & Mr. Panku Chaudhary, Advocates. For the Respondent : Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C.Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ASI Hem Singh, IO, PS Sadar, District Bilaspur, H.P. present in person. _______________________________________________________ Sandeep Sharma, Judge(oral): Primarily prayer has been made on behalf of the petitioner for grant of regular bail on account of inordinate delay in conclusion of trial. 2. It has been averred in the application that though petitioner is behind bars since 28.08.2022, but till date prosecution has not been able to examine all prosecution witnesses, as a result thereof, petitioner is incarcerating in jail for indefinite period during trial without his being held guilty. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2
3. Careful perusal of status report filed by the respondents- State reveals that as of today 14 prosecution witnesses out of 20 stand examined and for recording the statement of three prosecution witnesses, Court below has fixed the matter on 19.08.2025, coupled with the fact that petitioner is accused of possessing a commercial quantity of contraband i.e. 2.940 Kgs and one of the co-accused, after being enlarged on bail, has already fled away, this Court is not inclined to grant bail at this stage. 4. Faced with aforesaid situation, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file afresh, if so required and desired. Ordered accordingly. 5. Having taken note of the fact that the petitioner is behind the bars for approximately three years, coupled with fact that only six prosecution witnesses remain to be examined after 19.08.2025, learned Court below is directed to conclude the trial expeditiously on or before 30.09.2025, failing which, bail petitioner would be at liberty to approach this Court, for grant of bail. Otherwise also, this Court, on administrative and judicial sides, has been issuing directions to the trial Courts to decide the cases of under-trials on priority basis, so that the freedom of such persons, is not curtailed for an indefinite period.
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6. Registry to apprise the learned Court below with regard to passing of instant order, enabling it to do the needful well within stipulated time. (Sandeep Sharma), Judge August 14, 2025 (sunil)