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Judgment
Sandeep Sharma, J
Sequel to orders dated 4.5.2020 and 14.5.2020, status report has been filed on behalf of the respondent-State, which is taken on record. Perusal of the status report reveals that the statement of complainant, Chain Singh i.e. father of the deceased stands recorded, whereas, statements of remaining prosecution scheduled to be recorded on 15.5.2020 could not be recorded on account of lock-down.
Though, having carefully perused the copy of statement made by the complainant, Chain Singh before trial Court, there appears to be considerable force in the submission made by learned senior counsel appearing for the petitioner that no case, much less a case under S.302 IPC is made out against the bail petitioner, but since the statement of one eye-witness, Rashpal Singh is yet to be recorded by trial Court, this Court sees no reason to consider the prayer made in the present petition for grant of regular bail, at this stage. Learned Senior Counsel for the petitioner seeks permission to withdraw the present petition at this stage, with liberty to file afresh at an appropriate stage, if so required and desired. Ordered accordingly.
However, having taken note of the fact that the bail petitioner is behind the bars for the last more than a year, this Court deems it fit to direct trial Court i.e. Additional Sessions Judge-II, Kangra at Dharamshala to record statement of Rashpal Singh expeditiously, preferably before 15.6.2020. Learned Additional Advocate General assures this Court that all possible assistance by the prosecution would be rendered to learned Court below, enabling it to record the statement of aforesaid witness within the time stipulated by this Court. Registry is directed to apprise learned Court below with regard to passing of the instant order. Petition stands disposed of.