GANDARB SINGH Vs. STATE

JUDGEMENT

(1.) AFTER having failed to obtain bail from the learned Sessions Judge, jammu, the petitioner accused has filed fresh application in this court for seeking bail. It is contended in the application that he is facing trial under Sections 302, 307, 326, 109/34 RPC in a FIR No. 70/2001 of police Station, Bahu Fort, Jammu. The trial court has rejected his prayer for grant of bail vide order dated 18. 2. 2008 and returned findings that petitioner accused had already filed bail application, which came to be disposed of by the Sessions Judge, Jammu vide its order dated 21. 10. 2005. The trial court held that there is no change of circumstance situation after rejection of the earlier bail on the same grounds. On the question of speedy trial, the Court held that prosecution evidence has been closed on 4. 5. 2006 and thereafter defence has to lead the evidence and the conclusion of the trial depends upon the recording of defence evidence. It is also important to mention here that the petitioner had filed a bail applica-tion which was disposed on 2. 5. 2003.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) IN order to appreciate the controversy involved in this bail application, the brief facts are required to be given. That on 24. 4. 2001 at about 11. 30 a. m. Pardeep kumar, deceased along with Kamal Raj and sanjeev Kumar went to JDA complex to enquire about their case of allotment of kmd counter. They encountered the accused persons in the JDA Office. It is alleged that there was dispute going on between Balwan Singh and Pardeep Kumar for allotment of counter at Bus Stand. It is alleged that accused Balwan Singh started abusing Pardeep Kumar. On being objected by Pardeep Kumar, Balwan Singh started beating him. Sanjeev Kumar and Kamal Raj tried to intervene. On the said intervention, balwan Singh and petitioner exhorted accused no. 3 who was PSO with Balwan singh to kill Pardeep Kumar and Kamal raj. On the exhortation, the accused No. 3 dev Raj opened fire with his AK 47 rifle on sanjeev Kumar, Pardeep Kumar and Kamal raj, as a result of which, Pardeep Kumar and Kamal Raj succumbed to the injuries. Balwan Singh snatched the rifle from gandarb Singh and started beating Sanjeev kumar with the butt of gun. It is further alleged that both the accused threw him but on the ground through the window, breaking his both legs. The prosecution has already examined the witnesses including sanjeev Kumar.