PARAMJEET SINGH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners sought bail in a case arising out of FIR No. 70/2009 for offences under Sec. 302, 452 and 34 of RPC read with sec. 4/25 Arms Act registered with Police Station,Vijaypur, Samba

(2.) As per the case of the prosecution,on 10/8/2009 at about 7:30 pm while deceased Sat Pal Singh was standing in the shop of one Rinku S/o Janak Singh, the accused/petitioners, who were having previous enmity with the deceased, came over there and started abusing him. When the deceased objected to it, the accused/petitioners gave a beating to him, whereafter at about 10:30 pm, they entered the residential room of deceased Sat Pal Singh. He was beaten up by accused/petitioners with fists and blows whereas the petitioner-Ram Singh inflicted blows of Kirch (sharp edged weapon) in his stomach and chest, as a result of which the deceased received fatal injuries. The police registered the aforesaid FIR and conducted investigation of the case, whereafter charge sheet against the petitioners/accused was laid before the Court on 26/10/2009. Vide order dtd. 6/5/2011, the trial court framed charges for offences under sec. 302, 452, 34 of RPC and 4/25 Arms Act against the accused/petitioners and they were put to trial.

(3.) The accused/petitioners have sought bail only on the ground of their long incarceration by contending that their right to speedy trial stands violated. According to the petitioners, they are in custody for the last more than thirteen and a half years but the trial against them has not concluded as yet. It has been submitted that there is no likelihood of completion of trial in near future, as such, the petitioners deserve the concession of bail.