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High Court of Himachal Pradesh · body

2025 DAILYLAW 9582 (HP)

SURENDER KUMAR v. STATE OF HP

CRMPM/630/2025 · 2025-04-09

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:9880 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.630 of 2025 Decided on: 09.04.2025 Surender Kumar .…Petitioner. Versus State of Himachal Pradesh …. Respondent. Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting? 1 For the petitioner : Mr. Devender K. Sharma, Advocate. For the Respondent: Mr. Pushpinder Jaswal, Additional Advocate General. ASI Shesh Raj, Police Station, Kullu, District Kullu, H.P., present in person. Ajay Mohan Goel, Judge (Oral) By way of this petition, filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, petitioner has prayed for his enlargement on bail, in FIR No.143 of 2022, dated 28.04.2022, registered under Sections 302, 201 of the Indian Penal Code and Section 25 of the Arms Act, at Police Station Kullu, District Kullu, H.P. 2. Status report filed, which is ordered to be taken on record. In terms of the status report, the trial is undergoing. In all, out of 39 prosecution witnesses, statements of 26 witnesses have been record and statements of 12 witnesses remain to be recorded. It is further mentioned in the status report that for recording the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:9880 statements of some of the prosecution witnesses, the case is now listed on 07.05.2025. 3. Learned counsel for the petitioner submitted that the petitioner is in custody for the last almost three years and in the light of this fact he be ordered to be released on bail as there is delay in the completion of the trial. 4. This is seriously opposed to by learned Additional Advocate General, who submitted that the trial is progressing at a reasonable pace and in all likelihood, the same will be completed. 5. Taking into consideration the fact that the petitioner has been booked for commission of the offences, inter alia, under Section 302 of the Indian Penal Code and further, taking into consideration the circumstances under which the petitioner is stated to have committed the trial, this Court is of the considered view that gravity of the offfences does not entails the release of the petitioner at this stage. This Court is further of the considered view that the trial is progressing at a fair speed and therefore also, there is no occasion for this Court to order the release of the petitioner who is alleged alleged to have committed a grave and serious crime. 6. Accordingly, this petition is dismissed, but with the observation, as prayed for by learned counsel for the petitioner, that 3 2025:HHC:9880 endeavour be made by learned Sessions Judge concerned to complete the trial as expeditiously as possible. It is made clear that these observations are only for the purpose of adjudication of the present petition and the same shall not influence the course of the trial. (Ajay Mohan Goel) Judge April 09, 2025 (Rishi)