MOHINDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Ss. 302, 452 and 342 read with Sec. 34 IPC vide FIR No. 42 of 2012, dtd. 23/2/2012, at Police Station Palampur. The petitioner is innocent and he was falsely implicated at the instance of the brother-in-law of the deceased. The petitioner filed a bail application before the learned Additional Sessions Judge-III, Kangra at Dharamshala, which was dismissed on 3/8/2021. The petitioner is behind bars for almost five years and there is every likelihood of delay in the conclusion of the trial. The petitioner would abide by all the terms and conditions, which may be imposed by this Court. The petitioner is a law-abiding citizen and he has no criminal history. Hence, this petition.

(2.) The petition is opposed by filing a status report, asserting that Om Prakash and his wife visited the house of Rattan Chand, the informant, on 15/2/2012. Brahmi Devi wife of Om Prakash told the informant that Deepu and Bhota used to quarrel with Om Prakash. Laxmi, niece of the informant told him on 23/2/2012 at about 7/7.15 AM, that somebody had locked Om Prakash in the room and killed him. The informant went to the spot along with other persons and found the dead body of Om Prakash. He found on inquiry that on 21/2/2012, at around 3-4 PM, Bhota and Deepu had given beatings to Om Prakash after bolting the door. Hari Singh was informed about the incident over telephone. Beli Ram also informed the Police about the incident on 23/2/2012. The Police recorded the FIR and conducted the investigation. The accused/petitioner-Bhota absconded after the incident and he was declared a proclaimed offender by the learned Magistrate on 5/6/2012. He was arrested on 30/8/2018. Deepak Kumar, the other accused, was convicted by the learned Additional Additional Judge-III on 2/4/2014. The challan has been prepared against the petitioner which is pending in the Court of learned Additional Sessions Judge-II, Dharamshala and now the same has been fixed for proper orders on 20/11/2023. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Raman Jamalta, learned Legal Aid Counsel for the petitioner and Mr. R.P. Singh, Deputy Advocate General for the respondent-State.