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2026 DAILYLAW 9886 (HP)

SHARIF MOHAMMAD v. STATE OF HP

CRMPM/710/2026 · 2026-05-15

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.710 of 2026 Date of Decision: 15.05.2026 _____________________________________________________________________ Sharif Mohammad ……...Petitioner Versus State of Himachal Pradesh …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Manish Kumar, Legal Aid Counsel. For the Respondent: Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocate General and Mr. Ravi Chauhan, Deputy Advocate General for respondent/State. SI Sant Ram, IO, PS Kihar, Chamba, present along with record. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Pursuant to order dated 27.04.2026, respondent-State has filed status report and SI Sant Ram, IO, PS Kihar, Chamba, has come present along with record. 2. Careful perusal of status report clearly reveals that out of 29 prosecution witnesses, 10 already stands examined and for recording the statement of remaining witnesses, Court below has fixed the matter for 05.06.2026 and 06.06.2026, respectively. Since trial 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 consider the prayer made on behalf of the petitioner at this stage and as such, same is disposed of, reserving liberty to the 2 petitioner to file afresh at appropriate stage, if required and desired. However, having taken note of the fact that bail petitioner is behind bars for almost two and a half years, coupled with the fact that for recording the statements of remaining prosecution witnesses, learned trial Court has already fixed the matter on 05.06.2026 and 06.06.2026, respectively, this Court hopes and trusts that the Court below would make all out efforts to conclude the trial expeditiously, preferably, within a period of four months, 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 Court on judicial as well as administrative sides, has been repeatedly advising the Courts below to conclude the trial 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 15, 2026 (Sandeep Sharma), Rajeev Raturi Judge