SANTHOKA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Vide order dated March 24, 2009 in Cr.M.P.(M) No. 157 of 2009, the petitioner was granted bail by this Court in FIR No. 219 of 2008, registered on 15.9.2008, under Sections 302, 364, 396, 201 read with Sec. 120-B of the Indian Penal Code, registered in Police Station, Haroli, District Una allegedly hatching conspiracy of causing murder of Dilbag Singh (deceased) during the intervening night of 11th/12th Sept., 2008 and committing theft of his ‘Innova’ car and thereafter disposing it of. The petitioner was arrested on 12.10.2008. The police after the investigation presented the challan against him and also other co-accused. After committal of the case to the Court of Sessions, the charges have been framed. It is stated that about sixteen witnesses have been examined.

(2.) Conditional bail was granted to the petitioner, inter-alia, on one of the conditions that he shall present himself before the Court and the police whenever required to do so. The petitioner did not put in appearance on 3.11.2009 in the Court. As such, NBWs were issued for 16.12.2009. Pursuant to NBWs he was produced before the Court on 16.1.2010, on which date he was committed to the judicial custody. His bail application was rejected vide order dated 26.3.2010. As such, the present application has been moved for grant of his bail.

(3.) The petitioner is a resident of village Cheema Kalan, Tehsil Phillaur, District Jallandhar(Punjab) and the case was being tried at Una. According to him, he could not put in appearance on 3.11.2009 because of ‘Punjab Bandh’ and when he came to know about the next date, which was fixed for 16.12.2009, while on his way to the Court he met with an accident because of the skidding of his scooter.