(1.) . This is an application under Section 439 read with Section 482 Cr. P.C. for grant of bail in case FIR No. 635/2000 under Section 302 IPC P.S. Punjabi Bagh.
(2.) Learned counsel for petitioner submits that petitioner was arrested in the above notice case on 1st August, 2000 ; that allegations against him are false and on 23rd May, 2001, taking into consideration the nature of allegations, prosecution was directed to conclude its evidence within three months and the following order was passed :
(3.) The said period expired on 29th August, 2001. Learned counsel for the petitioner further submits that petitioner continues to be in custody, that out of 28 witnesses cited by the prosecution, only 15 witnesses have been examined so far; that on 21st February, 2002 prosecution sought time to file an affidavit in this regard but the same has not been filed so far. Therefore, the petitioner is entitled to be released on bail.