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BAIL APPLN. 203/2019
HIGH COURT OF DELHI
Date of Order: January 25, 2019
HIGH COURT OF DELHI
Date of Order: January 25, 2019
BAIL APPLN. 203/2019
VIJAY .....Petitioner
Through: Mr. Varun Dhingra, Advocate
VIJAY .....Petitioner
Through: Mr. Varun Dhingra, Advocate
VERSUS
THE STATE .....Respondent
Through: Mr.M.P. Singh, Additional Public Prosecutor with SI Mumtaz Ahmad
Through: Mr.M.P. Singh, Additional Public Prosecutor with SI Mumtaz Ahmad
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Crl.M.A. 1699/2019 (Exemption)
Allowed subject to all just exceptions.
Petitioner is the husband of deceased who seeks regular bail in FIR
No. 19/2014, under Sections 498A/304B/34 IPC, registered at police station D.B.G. Road, New Delhi while claiming that petitioner is in custody for more than five years.
Learned counsel for petitioner submits that for the last one and half year, Investigating Officer of this case is not deposing before the trial court and the next date of hearing before the trial court is 7th February, 2019.
Mr. M.P.Singh, Additional Public Prosecutor for respondent-State, accepts notice.
2019:DHC:532 Let the Additional Public Prosecutor for respondent-State ensure that the Investigating Officer of this case appears before the trial court on the date fixed and if for any reason whatsoever, there is no appearance on behalf of above Investigation Officer, then coercive steps be taken to obtain his presence for a short date.
Since petitioner is in custody for last more than five years, therefore, instead of appreciating the evidence recorded, it is deemed appropriate to dispose of this application with direction to trial court to make all endeavors to conclude the trial of this case within a period of three months or so.
Trial court be apprised of this order forthwith to ensure its compliance.
With aforesaid directions, this application is disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 25, 2019 v 2019:DHC:532
Crl.M.A. 1699/2019 (Exemption)
Allowed subject to all just exceptions.
Petitioner is the husband of deceased who seeks regular bail in FIR
No. 19/2014, under Sections 498A/304B/34 IPC, registered at police station D.B.G. Road, New Delhi while claiming that petitioner is in custody for more than five years.
Learned counsel for petitioner submits that for the last one and half year, Investigating Officer of this case is not deposing before the trial court and the next date of hearing before the trial court is 7th February, 2019.
Mr. M.P.Singh, Additional Public Prosecutor for respondent-State, accepts notice.
2019:DHC:532 Let the Additional Public Prosecutor for respondent-State ensure that the Investigating Officer of this case appears before the trial court on the date fixed and if for any reason whatsoever, there is no appearance on behalf of above Investigation Officer, then coercive steps be taken to obtain his presence for a short date.
Since petitioner is in custody for last more than five years, therefore, instead of appreciating the evidence recorded, it is deemed appropriate to dispose of this application with direction to trial court to make all endeavors to conclude the trial of this case within a period of three months or so.
Trial court be apprised of this order forthwith to ensure its compliance.
With aforesaid directions, this application is disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 25, 2019 v 2019:DHC:532
JUDGMENT