IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA. Cr.M.P.(M) No.605 of 2011. Date of decision: 16.08.2011. _______________________________________________________ Jasveer Singh. ….. Petitioner. Versus State of Himachal Pradesh. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Ajay Kochhar,Advocate. For the Respondent : Ms.Ruma Kaushik, Addl.A.G. with Mr. J.S.Rana,Asstt. A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 63 of 2010 dated 21.05.2010, registered at Police Station Baddi, under Sections 302, 452, 147 IPC. Record perused. 2. It has been stated by learned counsel for the petitioner that petitioner was arrested on 21.05.2010 in FIR 63 of 2010 by the Police. The petitioner was remanded to police custody from time to time and now he is in judicial custody. The petitioner has been falsely implicated in the case. The petitioner has nothing to do with the offence. The petitioner filed bail application which has been dismissed on 01.06.2011 by learned Additional Sessions Judge, Solan. The trial of the petitioner is being delayed without there being any fault on the Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… part of the petitioner. There is no Presiding Officer in the Court of Additional Sessions Judge, Solan. The trial of the petitioner, in these circumstances, is likely to take considerable time. The petitioner is in custody for the last more than one year. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court in case he is released on bail. The prayer has been made for releasing the petitioner on bail. 3. The learned Additional Advocate General has opposed the bail application and has submitted that there are in all five accused in the case and all of them are in jail. The charge has been framed, but since there is no Presiding Officer in the Court of Additional Sessions Judge, Solan, the evidence in the case has not been recorded. The next date in the case is fixed on 24.08.2011. She has prayed for dismissal of the bail application. 4. Heard on both sides. The learned counsel for the petitioner has submitted that on merits also the petitioner has a good case for grant of bail. It has been submitted that case under Section 302 IPC is not made out against petitioner even on the basis of false allegations as per prosecution case. The merits of the case will be considered during trial. The submission of the learned counsel for the petitioner that there is nothing on record that ‘Boby’ is the other name of petitioner, this fact also will be considered during trial. No doubt, there is no Presiding Officer as of today in the Court of Additional Sessions Judge, Solan. The petitioner has not filed any application for transfer of the case from the Court of Additional Sessions Judge to the Court of Sessions Judge, Solan. In any case it is hoped that the …3… post of Additional Sessions Judge, Solan, will not remain without Presiding Officer for too long. In view of seriousness of the case and the material on record, no case has been made out for grant of bail. Resultantly, application fails and the same is dismissed. 5. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. August 16, 2011. (Kuldip Singh), ( Krt) Judge.