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2023 DIGILAW 81 (HP)

Charan Singh v. State of Himachal Pradesh

2023-02-23

SATYEN VAIDYA

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JUDGMENT : Petitioner is one of the accused in case FIR No. 235/2018, dated 21.09.2018, registered under Section 302 and 341 of the Indian Penal Code, at Police Station Baddi, Police District Baddi, District Solan, H.P. 2. Petitioner is in custody since 22.09.2018. 3. Petitioner alongwith his co-accused named Rambeer has been charged for offences under Sections 302 and 341 of the IPC. The allegation against them is that they on 21. 09.2018, gave beatings to deceased Vijender Singh with sticks, which caused his death. The matter was reported to the police by Raghubardyal, who is son-in - law of the deceased. It is alleged that petitioner suspected relations of deceased with his wife and thus, beatings were given to the deceased. The petitioner and co-accused are under trials. 4. It has been contended on behalf of the petitioner that he has been falsely implicated. As per petitioner, material witnesses have been examined and none has supported the prosecution case. It is also submitted on behalf of the petitioner that he is also entitled to bail as his right to speedy trial has been violated. 5. Per-contra, learned Additional Advocate General has opposed the bail, on the ground that petitioner is accused of a serious offence and in case of his release on bail he may tamper with the prosecution evidence. It is further submitted that petitioner belongs to Uttar-Pradesh and if released on bail, he may not be available for trial. 6. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the relevant record. 7. Petitioner was arrested on 22. 09.2018. He remained in police custody till 26. 09.2018 and thereafter his judicial custody is continuing. Only six prosecution witnesses have been examined till date and about eighteen of them remain to be examined. 8. No doubt petitioner is charged with commission of very heinous crime. However, the allegations against him are subject to proof. Material witnesses such as son-in-law of the deceased (complainant) and son of deceased have been examined. Copies of their statements have been placed on record, which prima facie reveal that none of them have supported the prosecution case. Even the alleged eyewitness has been examined and again prosecution has found no support to its case from his statement. 9. Petitioner cannot be detained in custody for indeterminate period. Copies of their statements have been placed on record, which prima facie reveal that none of them have supported the prosecution case. Even the alleged eyewitness has been examined and again prosecution has found no support to its case from his statement. 9. Petitioner cannot be detained in custody for indeterminate period. Pre-trial incarceration cannot be inflicted, till conclusion of the trial, as a matter of rule. Each and every case has to be decided on its own merits. Material witnesses in the case have already been examined. No prejudice shall be caused to the prosecution evidence, in case of release of petitioner on bail, at this stage. 10. Even otherwise there is a serious violation of the right of speedy trial available to the petitioner. As noticed above, only six witnesses have been examined till date. The conclusion on trial is likely to take considerable time. 11. Merely because petitioner belongs to Uttar-Pradesh, he cannot be denied right of bail. He can be put to appropriate terms for securing his presence for the trial. 12. Keeping in view the entirety of facts and circumstances of the case, the instant petition is allowed and petitioner is ordered to be released on bail in case FIR No. 235/2018, dated 21. 09.2018, registered under Section 302 and 341 of the Indian Penal Code, at Police Station Baddi, Police District Baddi, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court. This order shall, however, be subject to the following conditions:- (i) Petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion. (ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand. (iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail. (iv) The surety shall necessarily be having immovable property in the State of Himachal Pradesh. (v) Petitioner shall not leave India without permission of learned trial Court till completion of trial. 13. (iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail. (iv) The surety shall necessarily be having immovable property in the State of Himachal Pradesh. (v) Petitioner shall not leave India without permission of learned trial Court till completion of trial. 13. Any expression of opinion herein-above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.