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1997 DIGILAW 366 (RAJ)

Jagdish v. State of Rajasthan

1997-03-13

N.L.TIBREWAL

body1997
JUDGMENT 1. - The accused-petitioner has filed this Vth bail application on account of changed circumstances. He was arrested on 15.2.1995. 19 persons, including the petitioner, are facing trial in Sessions Case No. 82/95 for various offences including Section 302 & 302/149 IPC. The case is pending in the Court of Additional District and Sessions Judge No. 3, Kota. Out of 19 persons except five all others are on bail. While rejecting the second bail application of the petitioner vide order dated 12.8.1996, a direction was given to the trial Court to conclude trial of the case within six months from the date of receipt of a copy of the order. The copy of the order was transmitted by the office on 18.8.1996. 2. It is contended by the learned counsel that there are 52 prosecution witnesses as per the calendar of witnesses and only seven witnesses have been examined. He further contends that there are 19 eye-witnesses, but the eye-witnesses are also not coming to give evidence Counsel further contends that there is no specific allegation against the petitioner and there is general allegation against him; like others, he hence he be given the benefit of bail. 3. After going through the various order-sheets of the trial Court, I feel shocked and pained that the trial in the case is proceeding with a snail speed and inspite of direction to the trial Court, no effective steps have been taken for conclusion of trial in the specified period. The accused is in jail for the last 25 months and the case of the petitioner,does not appear to be distinguishable to some of the accused who have been released on bail as per the statements of the witnesses, whose statements have been recorded in the trial Court. 4. Without expressing any opinion on merits of the case and taking into consideration the totality of the circumstances, specially the period of detention of the petitioner and delay in trial as well as the part assigned to the petitioner, I am inclined to release the petitioner on bail on certain conditions, provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000 /- each to the satisfaction of the trial Judge for his appearance in the trial Court on all dates of hearing and as and when he is called upon to do so. The bail shall be subject to following conditions : (i)That the petitioner shall not cause any delay in trial by remaining absent on the dates of hearing. (ii)That he shall not directly or indirectly make any inducement, threat or promise to any person acquitted with the facts of the case, so as to dissuade him from disclosing such facts to the Court. If any of the aforesaid conditions is violated, the trial Court shall be free to cancel petitioner's bail in accordance with law.Bail allowed. *******