KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 99 of 2009 dated 22.10.2009 registered at Police Station, Bhawarna, under Sections 302, 323/34 IPC.

(2.) IT has been submitted that the Petitioner is an old man approximately 62 years and is a labourer, who has no other source of income on which his family can survive. The Petitioner, his wife, two sons were taken into custody on 22.10.2009. His wife has been released on bail on 22.2.2010 but the others are still in jail. The Petitioner earlier filed three bail applications, two of them were dismissed on 4.12.2009, 22.2.2010 by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala and third application was dismissed on 25.3.2010 by the learned Additional Sessions Judge -I, Kangra at Dharamshala.

(3.) THE application has been opposed by the learned Assistant Advocate General and has submitted that there is no change of circumstance after the rejection of bail applications of the Petitioner by the Courts below. The prosecution evidence is being recorded in the trial, statements of six witnesses have already been recorded and remaining prosecution evidence is likely to be over as early as possible. There is no delay in the trial.