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Vijay vs.the State - Court Judgment

SooperKanoon Citation
CourtDelhi High Court
Decided On
AppellantVijay
RespondentThe State

Excerpt:


.....versus the state .....respondent through: mr.m.p. singh, additional public prosecutor with si mumtaz ahmad coram: hon'ble mr. justice sunil gaur order (oral) crl.m.a. 1699/2019 (exemption) allowed subject to all just exceptions. bail appln. 203/2019... 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. bail appln. 203/2019 page 1 of 2 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.....

Judgment:


* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 25, 2019 BAIL APPLN. 203/2019 VIJAY Through: Mr. Varun Dhingra, Advocate .....Petitioner versus THE STATE .....Respondent Through: Mr.M.P. Singh, Additional Public Prosecutor with SI Mumtaz Ahmad CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER

(ORAL) Crl.M.A. 1699/2019 (Exemption) Allowed subject to all just exceptions. BAIL APPLN. 203/2019... 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. BAIL APPLN. 203/2019 Page 1 of 2 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. JANUARY25 2019 v (SUNIL GAUR) JUDGE BAIL APPLN. 203/2019 Page 2 of 2


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