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Praveen @ Babbu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11243 of 2005  RD-AH 1973 (17 August 2005)
Hon'ble M. K. Mittal, J
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
This is the fourth bail application filed on behalf of the applicant Praveen @ Babbu in Case Crime no. 81 of 2000 (S.T. No. 419 of 2002) under Sections 302, 307, 429, 147, 148, 149, 120 B IPC P.S. Chandinagar, District Baghpat.
Learned counsel for the applicant has contended that inspite of the order of this Court for speedy trial the trial has not yet been concluded and the accused is in jail for the last about five years. Learned counsel for the applicant further contended that after the amendment of the charge the prosecution has not produced the witnesses for cross examination and practically no adjournment has been taken on behalf of the accused in this case. Against it learned counsel for the complainant stated that the accused moved an application on 7.4.2005 for change of the counsel and the witnesses are always ready to be cross examined and the learned Trial Court may be directed to proceed on day to day basis under Section 309 Cr.P.C. Learned counsel for the applicant informed that the accused has now engaged a new counsel for defending him in the trail.
In view of the facts and circumstances of the case, application is disposed of with the direction that learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C on day to day basis. It is expected that the accused shall cooperate in his speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of two months from the date of receipt of this order. In case the Trial is not concluded within the prescribed time then the concerned Court shall submit a report explaining the reasons for delay.
Learned counsel for the complainant undertakes that witnesses shall be present as and when directed by the Court.
Copy of this order be sent to learned Trial Court within a week.
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