KERAT PANDOV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant petition under S.482 CrPC has been filed by the petitioner in peculiar facts and circumstances, wherein, prayer has been made for issuance of direction to the court of learned Additional Sessions Judge-II, Solan, District Solan, Himachal Pradesh to supply to the petitioner, certified copy of judgment/order dated 29.10.2018, passed in bail application bearing No. 300 of 2018 titled Kerat Pandov v. State.

(2.) Averments contained in the petition as well as documents annexed thereto suggest that the petitioner had filed above said bail application under S.439 CrPC , on 25.9.2018. As per petitioner, he had applied on 30.10.2018 for supply of certified copy of judgment/order dated 29.10.2018, as is evident from annexure P-2 (available at page-12 of the paper-book), but till date, he has not been supplied with a certified copy of judgment/order dated 29.10.2018.

(3.) Learned counsel appearing for the petitioner, while referring to a judgment rendered by Hon'ble Apex Court in Hussain v. Union of India (2017) 5 SCC 702, wherein, Hon'ble Apex Court, while laying certain guidelines, requested the High Courts to dispose of the bail applications and criminal cases expeditiously, contended that bare perusal of annexure P-3 (available at page-13 of the paper-book) suggests that after filing of bail application on 25.9.2018, court below adjourned the same repeatedly and took almost more than one month to decide the bail application. He further contended that despite lapse of 20 days, certified copy of judgment/order dated 29.10.2018, has not been supplied to him, as a consequence whereof, freedom of petitioner, who is behind the bars, has been curtailed for an indefinite period for no fault on his part.