Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46504 of 2018 Applicant :- Balveer Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is second bail application.
Heard Sri Dinesh Kumar Gupta, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. appearing on behalf of the State. Perused the record.
There is, at this stage, again no fresh ground to grant bail. The bail application is, accordingly, rejected again at this stage.
It is, however, made clear that nothing said in this order will influence the Trial Court in arriving at an independent decision about the worth of the prosecution case where the Court is informed that all witnesses of fact have been examined and only formal witness remain back to testify.
This Court had expedited trial by the order dated 05.02.2018 and required it to be concluded within six months from the date of committal. A period of more than 14 months has gone by. No doubt, all witnesses of fact have been examined but the pace of the trial is not in accordance with the directions carried in the order dated 05.02.2018.
Now, that all witnesses of fact have been examined numbering 5, and only formal witnesses have to testify, the Trial Court is directed to proceed with the trial on a day to day basis and conclude the same within a period of two months next without fail. This direction, in particular, is being issued bearing in mind the fact that the applicant is in jail since 23rd March, 2017 as an under trial.
This Court is informed that the Trial Court, where the case is pending, does not have an incumbent Presiding Officer available, may be because the Presiding Officer is on leave. Under the circumstances, the learned Sessions Judge is directed to take up this trial himself or assign it to some other Additional Sessions Judge, who is available so that the order of this Court, requiring day to day hearing in this trial and its conclusion within two months, is effectively implemented.
Let this order be communicated to the learned Sessions Judge, Hamirpur by the Registrar General within 24 hours.
Order Date :- 30.5.2019 BKM/-