G.S. Ahluwalia, J.:— Case Diary is available.
2. This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Third application of the applicant was dismissed on merits by order dated 02.11.2020 passed in M.Cr.C. No. 41063/2020.
3. The applicant has been arrested on 03.05.2017 in connection with Crime No. 164/2017 registered at Police Station Civil Lines Distt. Datia for offence under Section 302 read with Section 34 of IPC.
4. This repeat application has been filed on the ground of delay. The applicant has filed copies of order-sheets of the Courts below. From the said order-sheets, it appears that on 06.02.2018 a supplementary charge-sheet was filed by the prosecution against co-accused Ganesh Kushwah. Thereafter, on 28.02.2018 evidence of Mahendra Kumar (PW-3) was recorded. From the order-sheet dated 10.09.2018 it is clear that witness Shera was produced from the jail, however, he expressed that today he is not feeling well and, accordingly, no objection was taken by the counsel for the applicant and, therefore, his evidence was not recorded. On 15.11.2018 prosecution witnesses Rajbahadur and Raghvendra were present, but since the co-accused Firoz was not produced from jail, therefore, their evidence were not recorded. On 11.02.2019 the evidence of one Dr. Navin Nagar (PW-7) was recorded, however, his cross-examination could not be concluded as Advocates of co-accused Ganesh and Firoz were not present. Thereafter, on 27.05.2019 remaining cross-examination of Dr. Navin Nagar was completed. On 25.07.2019 evidence of Uttam Prakash (PW-8) was recorded. On 02.08.2019 an application was filed on behalf of prosecution witness Kalpana thereby pleading that she is not feeling well, therefore, an adjournment may be granted and the case was adjourned to 27.08.2019. Again on 27.08.2019 the same prayer was made and, accordingly, the case was fixed on 18.09.2019 and on 18.09.2019 prosecution witness Kalpana was not present and, accordingly, arrest warrant was issued. On 19.09.2019 an application was filed that since the child of prosecution witness Kalpana is missing, therefore, she could not appear and the arrest warrant may be recalled and she would appear on her own. On 14.10.2019 it appears that some information was given to the effect that the prosecution witness Manoj has expired and, accordingly, it was directed that the verification report be produced. On 13.11.2019 absence of Kalpana was condoned and she was directed to remain present on 29.11.2019 and, accordingly, on the said date, prosecution witness Kalpana (PW-9) appeared and she was examined and cross-examination. Thereafter, on 20.01.2020 a report was received that the prosecution witness Manoj Kumar has expired. On 07.02.2020 Ashok (PW-10) was examined. On 25.02.2020 Neetu Varun (PW-11) was examined. Thereafter, on account of administrative order, in the wake of Covid-19 Pandemic, case was adjourned. Thereafter, on 15.01.2021 prosecution witness Vinod was given up. On 15.02.2021 Hakim Singh (PW-12) was examined and on 17.02.2021 Jitendra (PW-13) was examined. On 05.04.2021 C.P.S. Chauahn (PW-14) was examined.
5. Thus, from the order-sheets of the Court below, it is clear that the prosecution witnesses are appearing. However, there is some delay in the same.
6. Accordingly, the Superintendent of Police, Datia is directed to ensure the execution of summons/bailable warrants/warrants issued against the witnesses so that the Trial can be concluded at the earliest.
7. The applicant is facing allegations of murder. Accordingly, the applicant is directed to file copy of this order before the Trial Court for necessary information and compliance. If the copy of this order is filed before the Trial Court, then the Trial Court shall communicate this order to the Superintendent of Police, Datia for necessary information and compliance.
8. With aforesaid observations, the application is finally disposed of.
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