JUDGMENT :

THROUGH VIRTUAL MODE

1. The petitioner, who is facing trial for offence under Section 302 RPC before the Court of Principal Sessions Judge, Kathua, has moved the instant application for grant of bail.

2. It is contended in the petition that the petitioner is incarcerated since 31st of December, 2012 and the prosecution evidence in the case is yet to be completed. According to the petitioner, there has been unexplained and unreasonable delay in completion of the trial of the case, which entitles him to the grant of bail. It is further averred that the prosecution is deliberately delaying the recording of deposition by PW Hoshiar Singh, who happens to be one of the relations of the deceased, which has contributed to the delay in trial of the case.

3. The other ground urged by the petitioner is that he is badly suffering from backache and his condition in the jail is worsening with each passing day. According to the petitioner, he is not being given proper medical treatment in the jail and keeping in view his medical condition, he deserves to be enlarged on bail.

4. The petitioner has also sought bail on merits claiming that, whatever evidence has been recorded by the prosecutio