RANJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) Nos.769 and 770 of 2012 filed by Ranjit Singh and Kuldeep Kumar, respectively, under Section 439 Cr.P.C. for releasing them on bail, in FIR No.216/2011 dated 04.12.2011, registered at Police Station, Jawalamukhi, District Kangra, under Sections 420, 467, 468, 471, 120-B IPC.

(2.) IT has been stated that petitioners have been arrested in the above case and they are in custody since 07.12.2011. The petitioners are innocent, they have committed no offence. The petitioners are permanent residents of the places mentioned in the bail petitions. The petitioner Kuldeep Kumar is a government servant. There is no chance of petitioners fleeing from justice and jumping the bail. The investigation in the case is complete. The further custody of the petitioners is not necessary. The petitioner Kuldeep Kumar is suffering from heart ailment and is under regular treatment. The petitioners earlier filed bail applications which have been dismissed by the Courts. The petitioners filed Cr.M.P.(M) Nos. 467 and 468 of 2012 which were dismissed by the High Court on 01.06.2012. The liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. IT has been stated that the trial Court has given repeated adjournments and framing of charge has not been considered till now. The petitioners are ready to furnish bail bonds, submission has been made for releasing the petitioners on bail.

(3.) HEARD and perused the record. The learned counsel for the petitioners has submitted that petitioners lastly filed bail application Nos. 467 and 468 of 2012 in the High Court which were dismissed by the High Court on 01.06.2012, but liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. It has been stated that after 01.06.2012, the case has been taken up by the trial Court on 11.06.2012, 26.06.2012, 03.07.2012, 16.07.2012, 27.07.2012, 09.08.2012, 18.08.2012, 30.08.2012, but framing of charge could not be considered mainly due to non- appearance of accused Archana Singh. It has been stated that Archana Singh is an accused in several cases outside Himachal Pradesh.