ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CASE of the prosecution is that one Sant Ram was living in village Dabla. He went to Rohtak to get his pension on 1.3.2002 and never returned. On 6.8.2005, Ajit under the influence of liquor disclosed to Sombir, son of the deceased, that he along with Rohtash and Kapoor had killed Sant Ram. Ajit, Rohtash and Kapoor have, thus, been arrested and are in custody. Counsel for the petitioner submits that the petitioner has been implicated on the statement of Ajit, which was made three years after the occurrence.

(2.) COUNSEL for the State submits that the dead body was recovered at the instance of Ajit and place of occurrence was demarcated at the instance of the petitioner and at this stage, release of the petitioner on bail will hamper the trial. COUNSEL for the State also says that the case is fixed for evidence on 7.4.2006, which is likely to be concluded within four months. COUNSEL for the petitioner submits that the petitioner has already been in custody since 2.11.2005 and cannot be kept in custody for a long period. Without expressing any final opinion on merits and while declining bail at this stage, a direction is issued that if prosecution fails to Crl. M. No.9684-M of 2006 -2- conclude its evidence within four months from the date fixed, for reasons not attributable to the petitioner or the other co-accused, the petitioner will be granted bail by the trial court subject to appropriate conditions. The petition is disposed of. A copy of the order be given to counsel for the State.