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Judgment
Jyotsna Rewal Dua, J
Petitioner is behind the bars w.e.f. 10.08.2017 in FIR No. 185 of 2017, dated 10.08.2017 registered at Police Station Nagrota Bagwan, District
Kangra, H.P. under Sections 302 and 307 of the Indian Penal Code.
Succinctly put, the case of the prosecution is that it was deceased’s second marriage with the bail petitioner. The couple had two children; son,
working as a driver and a daughter, who is married. According to the prosecution case, bail petitioner had himself called the sister of the deceased on
phone on 08.08.2017 and informed her that he had given very serious injuries to his wife and killed her. He allegedly repeated his call later in the day
and told the sister of the deceased to call couple’s children for cremating his wife. Getting serious at the second call and taking note of what the
bail petitioner had stated, the sister of the deceased allegedly inquired about whereabouts of the deceased and came to know that deceased was lying
admitted in Dr. Rajindra Prasad Government Medical College, Tanda in a serious condition. The petitioner was arrested on 10.08.2017. He allegedly
gave disclosure statement on 13.08.2017 under Section 27 of the Indian Evidence Act on the basis of which two Beer Bottles and a stone, alleged to
be weapon of offence, were recovered. Wife of the petitioner was discharged from the hospital on 27.09.2017 and later on died, whereafter Section
302 of the Indian Penal Code was incorporated in the FIR in question. The son of the petitioner has also allegedly stated that bail petitioner used to
give beatings to the deceased.
Learned counsel for the parties jointly submitted that trial is going on and out of total 42 prosecution witnesses, 40 witnesses, as of now, have
already been examined and only two witnesses, including the Investigating Officer, remain to be examined. The matter is now listed before the learned
Additional Sessions Judge-III, Kangra for 20. 08.2020.
In such circumstances, it will not be appropriate, at this stage, to consider the matter for enlargement of the petitioner on bail. The interest of justice
will suffice by directing the learned trial Court to expedite the trial and to make earnest endeavours to conclude the same by or before 31st January,
2021. Ordered accordingly.
Registry is directed to communicate a copy of this order to the learned trial Court forthwith.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. It shall be open to the
petitioner to move a fresh petition, in accordance with law, if so required.
A copy of this judgment, duly authenticated by the Secretary, be supplied to learned counsel for the parties, if so requested.