AMARJEET SON OF SHRI SHYAM LAL, RESIDENT OF VILLAGE BARHI MASARA, TEHSIL GHUMARWIN, DISTRICT BILASPUR, HIMACHAL PRADESH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgement shall dispose of Cr. MP (M) Nos. 649 and 650 of 2012, under section 439 Cr.P.C. filed by Amarjit Singh and Vijay Singh, respectively, for releasing them on bail in FIR No. 48/2009 dated 18.3.2009, registered at Police Station, West Shimla, under sections 376(2) (C) (G), 354, 511, 34 IPC.

(2.) It has been stated that a case under sections 376 (2)( c) (G), 354, 341 IPC was registered at Police Station, West Shimla on 18.3.2009. On completion of investigation, the investigating agency has submitted its report, under section 173 Cr.P.C. The Sessions Trial No. 18 -S/7 of 2010 on the basis of above report is pending adjudication in the court of learned Additional Sessions Judge, Shimla against the petitioners and co -accused

(3.) THE trial is pending, a number of prosecution witnesses have already been examined. The alleged victims of rape and molestation at the hands of petitioners have also been examined. Only one such witness, namely Saroj is to be examined. The petitioners are in custody for more than three years. The completion of trial will take considerable time. There is no allegation that petitioners had raped or molested PW Saroj, who is yet to be examined. The prosecution is not procuring the presence of Saroj despite repeated opportunities. The petitioner Vijay Singh had filed Cr. MP (M) No. 182 of 2009, which was dismissed by the High Court on 21.7.2009. The submission has been made for releasing the petitioners on bail.