VISHAL SINGH Vs. STATE

JUDGEMENT

(1.) The instant application has been filed by the applicant/petitioner for grant of bail under section 498 Cr. P.C., 1973 The applicant/petitioner has filed bail application before the learned Trial Court primarily on health grounds, but without considering the grounds taken by the petitioner, the learned Trial Court has dismissed the bail application filed by the petitioner vide order dated 05th June, 2012.

(2.) The facts giving rise to the filing of the instant bail application briefly stated are that, the petitioner is an accused in FIR bearing No. 140/2006 (Annexure-B) dated 25th November, 2006, registered at Police Station, Bahu Fort, Jammu for offences under section 302 RPC and 3/25 Arms Act. It is alleged that the petitioner in furtherance of the conspiracy hatched with other accused eliminated one-Sanjay Kumar Gupta alias Bakra on 25th November, 2006 at the clinic of Dr. Rattan Kudhiyar at Trikuta Nagar, Jammu. The charge sheet in the above mentioned FIR was produced/filed in the Court of learned Chief Judicial Magistrate, Jammu on 25th January, 2007 under Sections 302/109/212/382 RPC and 5/25, 3/6/25 Arms Act against the petitioner alongwith other accused were total seven in number. The charges against the petitioner came to be framed under Sections 302 and 382 RPC read with Section 109 RPC and 3/25 Arms Act.

(3.) The first calendar of the case was fixed on 07th April, 2008, wherein the State was directed to produce PW's 1, 2, 3 and 4, but strange to the conscious of the Hon'ble Court, PW's 1, 2 and 3 could not be examined for the last four years on one pretext or the other, causing a serious prejudice to the right of the petitioner for speedy trial. It is further submitted that till date, only three witnesses have been examined. Apart from the trial being proceeded on a snail's pace, the petitioner has been suffering from multiple health problems of heart, neurology and hypertension for the last about two years, for which the doctors of Government Medical College and Hospital, Jammu have been treating the petitioner. To the suffering of the petitioner, the jail authorities are quite callous in taking the petitioner to the doctors well in time and whenever advised to produce before the doctors for one or the other reason.