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1986 DIGILAW 852 (RAJ)

Tejmal v. State of Rajasthan

1986-12-17

I.S.ISRANI

body1986
JUDGMENT 1. - Herd learned counsel for the petitioner and learned P.P. for the State, who has been charged to have committted here under section 18, 17 & 20 of the Narcotics Act. The first bail application was not pressed and withdrawn on Oct. 2-5 86. It is pointed out that the petitioner is in Jail Since April, 1986 since even after filing the Challan, there was no progress in the trial of the case, an application was filed before the learned Sessions Judge, Ajmer, who vide his order dated 3-6-86 passed an order directing learned Addl. Chief Judl. Magistrate to hear or the case day to day and decide the same within a period of 2 months. The learned counsel points out that inspite of this direction there has been no progress whatsoever in the trial of the case and no witnesses has so far been examined. It has also been pointed out that the petitioner is the only earning member in his family. The learned counsel has also pointed out that the prosecution sought time for production of F.S.L. report on 19-7-86, 22-8-86 & 12-9-86. It is therefore, contended that the trial is proceeding at snailes pace and it will evidently take long time to conclude the same. 2. In the facts and circumstances of the case, when inspite of the direction given by learned Sessions, Judge to proceed that the case day to day and finish to same within 2 months, even though nearly 6 months have passed aware after that order, no progress has been made in the case. I am of the opinion that there is no choice with this court but to grant bail to the petitioner. 3. It is therefore ordered that accused-petitioner Shri Tejmal S/o Gheesalal be released on bail provided he furnishes a personal bound in sum of Rs. 20,000 (Rupees twenty thousands) with two sureties in the like of amount Rs. 10,000 (Ten thousands) each to the satisfaction of the trial court with the stipulation to appear in the court as and when called upon to do so during the pendency of the trial against him in this case.Bail granted. *******