OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is in custody since 11/4/2020 in case registered vide FIR No. 22 of 2020, dtd. 19/3/2020 under Ss. 302, 392, 201 read with Sec. 34 of the Indian Penal Code in Police Station, Parwanoo, District Solan, H.P. The challan was filed after completion of investigation on 10/7/2020. The trial is still pending.

(2.) The prosecution case, in nut-shell, is that on 18/3/2020 a dead body was recovered by the police near railway track, Sector-5, Parwanoo, District Solan, H.P. The case was registered and on investigation, complicity of petitioner along-with two others namely Sandeep and Tinku @ Boriya was found. The challan has been filed on the allegations that all three above named persons, way laid the deceased (Hari Ram) with intent to commit robbery and in the process committed murder. It is alleged that Sandeep and Tinku @ Boriya caught hold of deceased in order to rob him, but Sandeep was over-powered by the deceased and in such process Sandeep inflicted blows on the person of deceased with knife which proved fatal. The allegations against the petitioner are that he was standing nearby the spot of offence and in fact Sandeep and Tinku @ Boriya had acted at his instance.

(3.) Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated. He is the sole bread earner of the family and the financial condition of the family has worsened with each passing day, affecting future of his children. Material witnesses have already been examined. It has been contended on behalf of the petitioner that despite filing of challan on 10/7/2020, the trial has not yet concluded. Violation of fundamental right of speedy trial has also been alleged.