Dismissed¶12

Rajesh Kumar v. State of Hp

Criminal – Regular bail

Himachal Pradesh HC1 Mar 2024CRMPM/52/2024

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What is this about?

Regular bail under Section 439 Cr.P.C.; murder case under Sections 302, 120-B and 34 IPC (FIR No. 54 of 2016, PS Kala Amb, District Sirmour, H.P.); accused in custody about 7 years; bail declined at this stage as only three prosecution witnesses left; petition dismissed as withdrawn with liberty to renew; direction/expectation that trial conclude by 31.05.2024 else bail to be considered; observations on speedy trial and undertrial incarceration; Himachal Pradesh High Court, single judge (Sandeep Sharma, J.).

What did the court decide?

Bail not granted; petition dismissed as withdrawn with liberty to the petitioner to file afresh at an appropriate stage, if so required and desired; trial court expected to conclude the trial preferably on or before 31.05.2024, failing which the bail prayer would be reconsidered. ¶12

Rajesh Kumar Vs State of Hp — Murder and Culpable Homicide | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 52 of 2024 Decided on: 01.03.2024

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_________________________________________________ Rajesh Kumar …….Petitioner Versus State of H.P. …..Respondent _________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?¹

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For the petitioner	: Ms. Shashi Kiran, Advocate.
For the respondent	: Mr. Manoj Chauhan and Mr. Rajesh Mandhotra, Additional Advocates General.
	HC Hemant Chauhan, P.S.
	Kala Amb, District Sirmiour, present with record.

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_________________________________________________ Sandeep Sharma, Judge (oral):

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Bail petitioner Rajesh Kumar, who is behind the

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bars since 2016, has approached this Court in the instant petition filed under Section 439 of Cr.P.C for grant of regular bail in case bearing FIR No. 54 of 2016, dated 04.07.2016, under Sections 302, 120-B and Section 34 of IPC, registered at Police Station Kala Amb, District Sirmour, H.P.

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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Respondent-State has filed status report and HC

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Hemant Chauhanm P.S. Kala Amb, District Sirmour, has come present with record.

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Having taken note of the fact that the petitioner is accused of having committed heinous crime punishable under Section 302 of IPC coupled with the fact that only three prosecution witnesses remain to be examined, there appears to be no justification for this Court to consider the prayer made on behalf of the petitioner for grant of bail, at this stage.

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Faced with aforesaid position, learned counsel representing the petitioner seeks permission to withdraw the present petition with liberty to file afresh at appropriate stage, if so required and desired.

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Consequently, in view of the above, present petition is dismissed as withdrawn, with liberty as prayed for. However, keeping in view the fact that bail petitioner is behind bars approximately 7 years coupled with the fact that only three prosecution witnesses remain to be examined, this Court hopes and trusts that court below would make all out efforts to conclude the trial expeditiously, preferable on or

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before 31.05.2024, failing which, this Court would be constrained to consider the prayer made on behalf of the petitioner for grant of bail, if required and desired. 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.

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(Sandeep Sharma) Judge

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1^st March, 2024 (reena)

Rajesh Kumar v. State of Hp

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Rajesh Kumar v. State of Hp

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