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1993 DIGILAW 201 (RAJ)

Jhaboo Ram v. The State Of Rajasthan

1993-03-30

M.R.CALLA

body1993
JUDGMENT 1. - This is the fourth bail application on behalf of the petitioners, moved under section 439 Cr.P.C. The third bail application -S.B. Criminal Misc. Bail Application No. 3885/1992 was rejected on 3.9.1992 and while rejecting the third bail application it was observed that the trial may be expedited. Shri Bajwa, learned Counsel for the petitioners submits that despite the observations as a foresaid made by this Court while rejecting the third bail application, vide order dated 3.9.1992, the trial has not proceeded further. Although charge in this case had been framed against the present petitioners even prior to the rejection of the third bail application, not a single witness has been examined. He has submitted that the trial was held up first for want of the Presiding Officer, thereafter on account of the prolonged agitation of the lawyers as they were not attending the Courts having been summoned in this Court in a petition filed by the co-accused, against the framing of the charge. It is submitted that the petitioners are in jail fora period of last 19 months and the trial has not proceeded an inch. 2. In the facts and circumstances of the case, on account of the trial being held up for reasons which cannot be attributed to the petitioners, I am of the opinion that the petitioners should be granted bail under section 439 Cr.P.C. 3. It is, therefore, ordered that accused petitioners Jhaboo Ram s/o Mool Chand and Shyam Sunder s/o Mool chand, by caste Ahirs, Resident of Village Kaysa, P.S. Mandhan, Tehsil Behror, Distt. Alwar be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties of Rs. 5,000/- (Rs. five thousand only) each to the satisfaction of the Trial Court to appear before it as and when called upon to do so during the pendency of the trial against them.Petition allowed. *******