This is an application seeking bail on behalf of the petitioner in a case registered against him and others under the provisions of section 302/307/148/149,P.P.C.
2. According to the F.I.R. It was the petitioner who had inflicted a solitary blow with Soti on the heart of Raja deceased, who fell down, and thereafter, succumbed to the said injury. Besides the petitioner, Kamal Din, Sardara, Mst. Zarina and Mst. Gullan wife of the petitioner were also involved in this case. It is mentioned in the F.I.R., that there was a dispute between the parties over the possession of land, which fell into the share of the complainant party as a result of the consolidation proceedings.
3. According tothe investigation carried out by the S.H.O., it was found that it was the petitioner who had inflicted the SOL, blow, whereas, the D.S.P. Concluded that it was Kamala who had inflicted the Soti blow. In fact, the D.S.P. Had arrived at this conclusion on the basis of a statement on oath given by one Essa son-in-law of the deceased.
4. This case was registered in October, 1987 therefore, this Court had directed the learned Additional Sessions Judge to submit his report as to when the trial of this case was likely to commence. Report sent by the learned Additional Sessions Judge does not mention, as to when the trial of this case A would start, but it has only been stated, that it will come on its own turn.
Statutory period of two years would be expiring on 1st of November, 1989 because the case was registered as far back as 14th of October, 1987.
5. After considering this case from all angles, this case is covered by section 497(2), Cr.P.C.
Accordingly, I direct that the petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs. Fifty thousand with one surety in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.
S.A./M-1259/L