JUDGMENT 1. - The petitioner is a German National. On January 7, 1994 he was arrested on the charge that 100 grams of 'Charas' and 90 grams of opium were recovered from his possession on a search made by the SHO, PS Pushkar. He moved an application for grant of his bail, which was registered as S.B. Cri. Misc. Bail Application No. 558/94. The said application was disposed of on 25.2.94. While rejecting the bail application of the petitioner, this Court had given the following directions : (i) "that if the Investigating Officer chooses to file a charge-sheet against the petitioner be should do the same, without any further delay, preferably within two weeks, from the date of receiving a copy of this order; (ii) that the trial Court is also directed to conclude the trial within three months from the date of receipt of file in its Court; & (iii) that for obtaining the report of examination of samples of the contraband articles from the Forensic Science Laboratory, Jaipur, the I.O. shall make request to the Director, FSL, Jaipur to examine the samples out of turn, on priority basis. If such request is made, the samples shall be examined within 15 days, so that the trial may not be delayed for want of report from the Forensic Science Laboratory." 2. All the concerned persons were directed to follow the above directions. A copy of the order was also sent by the Registry to the SHO, PS Pushkar. 3. This second application has been moved, in which, it has been stated that the directions given by this Court were not complied with by the SHO PS Pushkar inasmuch as the charge-sheet has not been filed, as yet. This Court vide order dated 25.3.94 directed to issue notice to the SHO PS Pushkar. The notice has not been received, so far. The notice must have been received by the SHO PS Pushkar and it appears that he is not appearing deliberately. 4. The learned counsel for the petitioner states that, even though above 90 days have passed, but still the charge sheet had not been filed, inspite of the directions given by this Court. Counsel further states that the petitioner should now be released on bail under section 439, Cr.P.C. 5. 4. The learned counsel for the petitioner states that, even though above 90 days have passed, but still the charge sheet had not been filed, inspite of the directions given by this Court. Counsel further states that the petitioner should now be released on bail under section 439, Cr.P.C. 5. While rejecting the earlier bail application on 2.5.2.94 this Court was conscious to the fact that the petitioner is a German National, who had come to India on a valid pass-port and visa. This Court was of the view that he should not be kept under detention in jail for unreasonable period and the trial should be completed within the time specified in the order. However, the trial has not yet begun, as the SHO PS Pushkar has failed to perform his duties, as per the directions of this Court. 6. In the facts & circumstances stated above, I am inclined to release the petitioner on bail under section 439, Cr.P.C. on certain conditions : 7. It is, therefore, directed that the petitioner Ullrich Kusterer s/o Mr. Evans Kusterer shall be released on bail, provided he deposits a sum of Rs. 25,000/- in cash with one personal surety in the like amount to the satisfaction of the trial Court with the stipulation to appear before that Court on all subsequent dates of hearing and as & when called upon to do so during the pendency of the trial/investigation/enquiry, as the case may be against him in this case. The bail shall also be subject to the following conditions : (i) that the petitioner shall not leave India without prior permission of the trial court before completion of the trial. If the period of his visa has expired, he shall be free to take steps to get it extended and the concerned authority is expected to extend the period on account of the involvement of the petitioner in the above criminal case, for further period of three months. (ii) that the trial court shall take all steps to complete the trial within three months. (iii) that on the passport, the learned trial Court shall make entry that he shall not leave India without prior permission of the trial Court during the trial period. 8. The bail application is disposed of, as indicated above.Bail Application Disposed of as indicated above. *******