Amarjeet vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr. MP (M) Nos. 649 and 650 of 2012, u/s 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. 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, u/s 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

The charge against the petitioners and others is that they committed the aforesaid offences against deaf and dumb students of an institution known as "Parerna Welfare Association". The petitioners and other co-accused were the instructors in the said institution. The petitioners are innocent, they have been falsely implicated in the case. The petitioners were arrested on 18.3.2009 and are in judicial custody since then.

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.

The status report has been filed in Cr. MP (M) No. 649 of 2012. It has been stated that case has been registered on the statement of prosecutrix, u/s 154 Cr.P.C. recorded on 18.3.2009, she named some girls, who were the students of institution, namely, Parerna Welfare Association and used to stay in the ground floor of the hostel. The teachers of the school also used to stay in the adjoining rooms. The accused Vinod several times had sexual intercourse with the complainant. The accused Dinesh, Amarjit, Vijay several times committed sexual intercourse during day and night in the hostel. The other girls have told about the wrong acts of the accused to the complainant. On this case was registered.

It has been stated that during investigation, the victims were got medically examined, the statements of witnesses were recorded, the accused were also medically examined and report from FSL was obtained. The accused Vinod Kumar, Vijay Kumar, Amarjit and Dinesh Kumar were arrested. The case is pending before learned Addl. Sessions Judge, Shimla. The petitioners and other accused are in judicial custody. The submission has been made for rejection of bail applications.

Heard and perused the record. The learned Additional Advocate General has stated that there are in all 37 witnesses to be examined by the prosecution, till now 19 witnesses have been examined. The learned counsel for the petitioners has stated that the petitioners were arrested on 18.3.2009, the petitioners are in custody for the last more than three years. The prosecution is not producing witness Saroj and the case is being adjourned for the production of Saroj, even though it has come on record that Saroj is now living in Dubai after marriage and her address is not known.

The learned counsel for the petitioners has stated that the examination of other witnesses is also going on at slow pace. The charge was framed on 3.8.2010. The next date of hearing is fixed ion 1.9.2012 for the evidence of prosecution witnesses. The material witnesses examined till now have not stated anything against the petitioners. The learned Addl. Advocate General has stated that in case petitioners are released on bail, they will overawe, terrorise the prosecution witnesses. In view of seriousness of the allegations, the submission has been made for rejection of bail applications.

I have considered the rival contentions of learned counsel for the parties. The prosecution has shown apprehension that in case the petitioners are released on bail, they will overawe, terrorise the prosecution witnesses. One important witness Saroj is yet to be examined. In these circumstances, the bail applications are dismissed.

On 4.7.2012, the case was adjourned for PWs on 3.8.2012 and now it has been adjourned to 1.9.2012. The trial court shall make all attempts to conclude the trial on or before 7.11.2012. The trial court after 1.9.2012 date fixed in the trial, shall fix the dates of the trial in such a manner so as to complete the trial on or before 7.11.2012. In case, due to any reason the trial is not completed by 7.11.2012, then it shall be open to the petitioners to apply for bail. The petitions are disposed of with the above observations. A copy of this order be sent to the trial court for compliance. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.