Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) No. 46 of 2025 Date of Decision: 05.03.2025 _______________________________________________________ Harish Kumar @ Hanshu …….Petitioner Versus State of HP … Respondent _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner : Ms. Aashima Premy, proxy counsel, for Mr. Varun Thakur, Advocate. 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 Birbal Singh, IO, PS Patlikuhal, District Kullu, H.P. present in person. _______________________________________________________ Sandeep Sharma, Judge(oral): Respondent/State has filed status report in terms of order dated 10.01.2025 and ASI Birbal Singh has come present with the record. Record perused and returned.
2. Close scrutiny of record/status report reveals that bail- petitioner is accused of having committed offence punishable under Section 21 of ND & PS Act and approximately 3.580 Kgs of Charas has been recovered from his conscious possession. Though, on previous date, learned counsel for the petitioner attempted to argue that on account of medical condition, petitioner deserves to be 1 Whether the reporters of the local papers may be allowed to see the judgment?
2 enlarged on bail, however, status report filed by the police, in terms of
order of afore date, clearly reveals that petitioner is not suffering from any disease and for the last two months he is not taking any medication, Medical opinion rendered on record by Regional Hospital Kullu, clearly falsifies the claim of the petitioner.
3. 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.
4. Having taken note of the fact that the petitioner is behind the bars for approximately one year and ten months, coupled with fact that only five prosecution witnesses remain to be examined, learned Court below is directed to conclude the trial expeditiously on or before 30.06.2025, 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.
5. 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 March 05, 2025 (sunil)