JUDGMENT 1. 1. Heard both the parties. 2. The petitioner is charged to have committed under Section 20, 21, 22 Narcotic Drugs And Psychotropic Substances Act, 3/25 of Arms Act, read with Section 120-B IPC. 3. It is contended by Shri N. A. Naqvi, learned counsel for the petitioner that the petitioner is in custody since 27.8.1987 and nearly two years have passed away but the trial is not yet completed. It is also pointed out that in bail application No. 2033/88 filed by co-accused Abda it was directed by this Court while refusing the bail on 5.10.1988 that the trial should be completed within 9 months. This was done at the request of learned Special Public Prosecutor. CBI Shri S. P. Tyagi. It is further pointed out that from the report of District Judge. Jaipur District dated May 15, 1989 it is clear that the trial has been delayed mainly on account of absence of Public Prosecutor and because the accused-persons were not brought from the Jail on the date of hearings. It is also pointed out that only 6 witnesses have been so far examined. The independent witness PW 2 Mangaldan has been declared hostile and he is the witness who is said to have been present at the time raid was conducted. It is pointed out that he has denied his presence at the time of raid and has stated that all the documents which were signed at the instance of prosecution agency were done at police station. It is also pointed out by learned counsel that PW 1, PW 3 and PW 4 are police witnesses but there are several contradictions in their statements. It is further submitted that PW 7 T. Midda who is employee of F.S.L. has stated that he did not receive packets of 30 ems but of 25 gms. and he himself weighed the packets. 4. Reliance has been placed on 1988 RCC 417/556, 1987 Cr. L.R 65 and 1988 (2) RLR 625. 5. It is contended by Shri Tyagi, learned Special Public Prosecutor that even though the trial could not be completed within the time requested by him, but it is pointed out that the petitioner is involved in a serious in which 18 Kgs. Charas were recovered from him and several automatic weapons of foreign make were also recovered from him. 6. It is contended by Shri Tyagi, learned Special Public Prosecutor that even though the trial could not be completed within the time requested by him, but it is pointed out that the petitioner is involved in a serious in which 18 Kgs. Charas were recovered from him and several automatic weapons of foreign make were also recovered from him. 6. Without causing any prejudice to either of the parties on merits it seems, sometime the Courts are left with no choice but to grant bail even in such cases. This time it has been mainly due to carelessness and negligence in the prosecution of case on behalf of the prosecution agency which in this case happens to be CBI. This is all the more regrettable that trial should be conducted so inefficiently or carelessly by CBI that the Court has hardly any choice but to grant bail to the petitioner. 7. It is pointed out by Shri Tyagi, learned Special Public Prosecutor that this is a case in which heavy bail should be taken from the petitioner to ensure his presence in the. Court to face the trial. 8. It is pointed out by Shri Naqvi, that petitioner is a permanent resident, having his family and also agricultural land in Tehsil Jaisalmer, Village Bambara, District Jaisalmer. 9. Keeping all the facts and circumstances in view I am inclind to grant hail to the petitioner Issa S/o Shri Ramdhan provided he furnishes a personal bond in the sum of Rs. 75,000/- (Rupees Seventy Five Thousand Only) with three sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of learned Sessions Judge. Jaipur District with the stipulation to appear in that court on each and every date of haring during the pendency of the trial against him in this case, he be released on bail. 10. A copy of this order may be sent to Director, CBI for his information and to see that such lapses in conducting the trial are avoided in future as the advantage of such lapses always go to the accused-persons.Bail Granted. *******