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1995 DIGILAW 907 (RAJ)

MUNNA LAL SB KARUJI GUJAR v. STATE OF RAJASTHAN

1995-10-04

R.R.YADAV

body1995
Judgment R. R. YADAV, J. ( 1 ) THIS is a second bail application under See. 439, Cr. P. C. While rejecting the first bail application by the learned Single Judge of this Court it was clearly observed that the applicant shall be free to move fresh bail application after six months. In pursuance of the order passed by the learned Single Judge on 6. 1. 1995, when no progress was made in the Sessions trial, then, the applicant has moved this instant second bail application before this Court. ( 2 ) I have heard learned counsel Mr. N. K. Rastogi appearing on behalf of the applicant as well as learned Public Prosecutor Mr. K. L. Thakur for the State. ( 3 ) ON 7. 8. 95, learned Public Prosecutor was directed to intimate the court on 8. 9. 95 whether the evidence has commenced and if so, how many witnesses were examined on the date fixed. ( 4 ) LEARNED Public Prosecutor stated before me that he wrote twice and intimated to the Public Prosecutor of the trial court as to how many witnesses have been examined on 8. 9. 1995 in the trial but irrespective of two information sent by the learned Public Prosecutor, no information is forthcoming from the Public Prosecutor, Pratapgarh as to what happened on 8. 9. 1995. ( 5 ) IN view of the aforesaid facts and circumstances of the case the applicant Munna Lal is enlarged on bail on the principle of speedy trial, which is a fundamental right of the accused applicant guaranteed to him under Art. 21 or the Constitution of India. ( 6 ) AS a result of the aforementioned discussion, I am satisfied that the case is made out to enlarge the applicant Munna Lal sb Karuji Gujar on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- together with two sureties of Rs. 10,000/- each to the satisfaction of learned Sessions Judge, Pratapgarh in Sessions Case No. 241/94 for his appearance in the trial court on each and every date of hearing or whenever called upon to do so till final disposal of the trial. Bail granted.