Jeet Singh S/o Bhal Singh Rai Sikh v. State of Rajasthan
1996-09-09
MOHD.YAMIN
body1996
DigiLaw.ai
JUDGMENT 1. - On 6.8.1996, when the matter was heard, the case was fixed for statements of witnesses from 21 to 23.8.1996 before the learned Additional Sessions Judge, Hanumangarh. Learned Public Prosecutor had assured that the witnesses would be examined on those days. Therefore, this matter was listed on 29.8.1996 to report as to how many witnesses have been examined on those dates. On 29.8.1996, the information was not received and it was so received on 30.8.1996 from the learned Sessions Judge, Hanumangarh. He has reported that witnesses Nos. 1 to 6 have left their residence and have gone to Punjab. Warrants for witnesses Nos. 13 to 15 were not returned by the Police Station, Hanumangarh. Only two witnesses, Surendra Singh and Buta Singh, who are Police Officials, appeared and their statements were recorded. In these circumstances, learned counsel for the applicant has submitted that the matter has been delayed extraordinarily and the applicant is entitled for bail only on this count. In these circumstances, the learned Public Prosecutor has submitted that the witnesses will be examined now before the trial Court. The applicant is in jail since 13.3.1992 and is facing trial Under Sections 395, 458 & 397, Indian Penal Code. 2. Since the speedy trial is the fundamental right of the accused, it cannot be left on the State to drag trial by not producing witnesses for unlimited time. Co-accused persons are already on bail. I am of the view that the applicant also deserves bail as his fundamental right is being infringed. 3. Therefore, this application is allowed and it is ordered that the applicant, namely, Jeet Singh S/o Shri Bhal Singh Rai Sikh be released on bail provided he executes a personal bond for a sum of Rs. 20,000/- (Twenty Thousand) with two sound and solvent sureties for the sum of Rs. 10,000/- (Ten Thousand) each, to the satisfaction of the learned trial Court (Addl. District and Sessions Judge No. 2, Hanumangarh) for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail Allowed. *******