RAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition is directed against the order dated 18th April, 2012 passed by the learned Judicial Magistrate Ist Class, Anni whereby he did not grant bail to the accused and directed that the accused shall remain in judicial custody up to the next date i.e. 28.4.2012.

(2.) Briefly stated, the facts of the case are that an FIR was registered against the accused on 3.2.2011. The learned trial Court felt that a prima facie case was made out and he framed charges against the accused for having committed the offices punishable under Sections 451, 354 and 506 IPC. The case was then listed for evidence of the prosecution witnesses on 17.6.2011 and 18.6.2011. From the record it is apparent that the learned Judge was on leave on these dates and the case was taken up on 18.6.2011 and ordered to come up for proper orders on 21.7.2011. When the matter was listed on 21.7.2011 the accused was present in person and thereafter the case was fixed for prosecution witnesses on 21.12.2011 and 22.12.2011. On both these days the learned Presiding Officer was on tour and it was noted by some official of the Court that since the Presiding Officer was on tour as such the case be listed for proper orders on 12.3.2012.

(3.) On 12.3.2012 neither the accused nor his counsel were present and the learned trial Court passed the following order: