DEEPAK CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 439 Cr.P.C., seeking regular bail in case FIR No. 222 of 2017 dated 18.12.2017, registered under Section 376 IPC in Police Station Jogindernagar, District Mandi, H.P.

(2.) Learned counsel for the petitioner has submitted that trial in the present case is at advance stage and statement under Section 313 Cr.P.C. was recorded on 12.7.2019 and thereafter case is being listed for addressing arguments and it was lastly listed on 25.8.2020 for arguments. He has further submitted that case is pending with Additional Sessions Judge-II Mandi camp at Jogindernagar, but as there is no Presiding Officer/Additional Sessions Judge-II Mandi and the post is vacant and, therefore, no Judicial Officer is visiting Jogindernagar for holding Circuit Court, as such, matter is being adjourned again and again and petitioner, who is behind the bars since December, 2017, is suffering undue hardship.

(3.) Considering the nature and gravity of offence and also advance stage of the trial and other material facts brought in the notice of this Court, it would be appropriate to transfer Sessions Trial No. 24 of 2018, titled State of H.P. Vs. Deepak Kumar from the Court of Additional Sessions Judge-II Camp at Jogindernagar to Sessions Judge, Mandi immediately and parties are directed to appear before learned Sessions Judge Mandi on 29th September, 2020, the date already fixed, for addressing arguments. Learned Sessions Judge, Mandi is directed to ensure conclusion of the trial as expeditiously as possible, preferably by 1st December, 2020.