LAWS(HPH)-2012-1-22

GIAN CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On January 06, 2012
GIAN CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 270 of 2011 dated 24.10.2011 registered at Police Station, Sadar Bilaspur, under Section 304 (ii) IPC.

(2.) IT has been stated that the petitioner has been arrested by the police in the above case. The police official registered the case against the petitioner under Sections 279, 304 -A IPC on 24.10.2011 but after a gap of 37 days, the police called the petitioner to the Police Station and arrested him for offence punishable under Section 304 (ii) IPC. The bail application filed by the petitioner has been dismissed by the learned Sessions Judge, Bilaspur on 14.12.2011. The learned Sessions Judge has wrongly dismissed the bail application of the petitioner.

(3.) THE petitioner is the only bread earner of the family consisting of old parents, two school going sons, a daughter whose marriage has been fixed on 12.3.2012. The petitioner is innocent, he has committed no offence. The petitioner is ready to furnish bail bonds. A prayer has been made for releasing the petitioner on bail.