RAMESH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for regular bail in case bearing FIR No. 202 dated 27.08.2006 under Sections 120-B, 148, 201, 302 and 364-A read with Section 149 IPC and Section 25 of the Arms Act, registered at Police Station City Gohana, District Sonepat. Learned counsel states that the petitioner No.1-husband has now remained in custody for 3 years and 2 months while the petitioner No.2-wife has been in custody for almost 3 years. Further states that no recovery is to be effected. Further states that the petitioners have two minor children. It is further contended that only 5 witnesses have been examined while 24 still remain. These facts are not disputed by learned Additional Advocate General.

(2.) In my opinion interest of justice would be met if the bail application of petitioner No.2 is allowed while that of petitioner No.1 be adjourned for a further period of three months so that the prosecution can lead bulk of the evidence and thus the chances of tampering with the witnesses decrease.

(3.) Consequently petitioner No.2 is directed to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sonepat. As regards petitioner No.1, application is adjourned to 3.3.2010. It is made clear that the prayer for bail shall be considered on that date regardless of how many witnesses are examined by the prosecution.