Kamal Kishore vs State of Punjab

Daya Chaudhary, J.—The present petition has been filed u/s 439 Cr. P.C. for grant of regular bail to the petitioner in case FIR No. 374 dated 28.09.2009 under Sections 302/120-B/176/148/149 IPC and Sections 25, 27, 54 and 59 of the Arms Act registered at Police Station Division No. 6, Jalandhar. Learned counsel for the petitioner submits that it was a case of blind murder as the dead body was found outside the Hotel Country Inn at Jalandhar and after recovery of dead body, the said FIR was registered. Learned counsel also submits that the petitioner has been implicated in the case on the basis of extra judicial confession made before one Paramjit Singh. Learned counsel also submits that co-accused of the petitioner namely Vipan Kumar has been granted regular bail by this Court vide Criminal Misc. No. M-11610 of 2013.

Learned counsel for the complainant has brought to the notice of this Court that Hon''ble the Supreme Court in SLP No. (Crl.) 4087 of 2013 has directed the trial Court to try and dispose of the trial within a period of six months from the date of order and if the trial is not disposed of within a stipulated period, it was open for the petitioner to renew his application for bail before the trial Court. Learned counsel for the complainant further submits that in spite of specific directions issued by Hon''ble the Supreme Court, learned counsel for the petitioner has not mentioned that specific direction and that the application for grant of regular bail has been moved before expiry of period of six months and that too before this Court in stead of moving application before the trial Court.

I have perused the order of Hon''ble the Supreme Court in Special Leave to Appeal which is available on the file of the State and the same is reproduced hereunder:-

Delay condoned.

We are not inclined to entertain this petition at this stage against the order of the High Court refusing to grant regular bail to the petitioner pending trial. The SLP is dismissed.

We, however, find that out of 57 witnesses, 35 witnesses have been examined in trial. We direct that the trial court will try and dispose of the trial within a period of six months from today. If the trial is not disposed of within six months from today it will be open for the petitioner to renew his application for bail before the trial court.

Whereas, there is a reference of SLP number in para 22 of the petition but nowhere it has been mentioned that as to where the application is to be moved and the period regarding concluding of trial. Learned counsel for the petitioner has also concealed this fact in the application of co-accused Vipan Kumar. It appears that the order passed by Hon''ble the Supreme Court was not in the notice of the Co-ordinate Bench and because of that reason, the order was passed in case of Vipan Kumar.

In view of the directions issued by Hon''ble the Supreme Court, no ground is made out to grant bail to the petitioner and moreover not only that directions issued by Hon''ble the Apex Court have been mentioned in the petition but that period of six months has not expired as yet. The petition, being devoid of any merits, is hereby dismissed.