MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application filed by the petitioner under Section 419 of the Code of Criminal Procedure (in short, the Code), wherein it has been prayed that the petitioner be admitted to bail till the decision of the case.

(2.) BRIEFLY stated, the facts of the case as mentioned in the F.I.R. are that on 21st March, 1993, one Anant Ram caught hold of deceased, Rakesh Kumar and Mange Ram (petitioner) who was having lathi in his hand, gave a blow at his head with an intention to kill and as a result of which blood started coming out and Rakesh Kumar fell down unconsciously. As a result of the lathi blow given by the petitioner, Rakesh Kumar succumbed to his injuries, and FIR, under Sections 302/305/148 Indian Penal Code, was registered at police station Mahesh Nagar, District Ambala, against the petitioners and other accused. Charge in the case was framed on 8th June, 1991. Two prosecution witnesses were examined on 15th April, 1994.

(3.) MR . Goripuria, learned counsel appearing on behalf of the State, further submitted that the alleged delay in the trial was not on the ground of any negligence on the part of the prosecution. He further submitted that the case had to be adjourned on certain occasions as there was no Presiding Officer and further one of the co-accused who was on bail, had expired and the case had to be adjourned for verification of the fact of death.