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1999 DIGILAW 749 (RAJ)

JAGDISH v. STATE OF RAJASTHAN

1999-06-03

MOHD.YAMIN

body1999
Judgment MOHD. YAMIN, J. ( 1 ) THIS is the third bail application filed on behalf of Jagdish and Kishori. Their two bail applications were dismissed by me on merits. Heard learned Counsel for the petitioners as well as the learned Public Prosecutor. ( 2 ) LEARNED Counsel for the petitioners submits that the petitioners are in custody for the last 33 months. He further submits that in spite of the order of this Court in second bail application the trial has been delayed for the simple reason that an application under Section 319 was submitted by the prosecution on 1-4-1998 and that has not been decided uptil now. He submits that the petitioners cannot be held responsible for the delay which has been caused by the prosecution. Reliance has been placed by the learned Counsel for the petitioners on the case of Ram Niwas v. State of Rajasthan. He submits that in this similar case the bail application was allowed when the accused was in custody for the last 21 months and there was no progress of trial took place inspite of directions given by the Court to expedite the trial. He further submits that the petitioner cannot be kept in custody for an indefinite period and the applicants-petitioners are entitled for bail only on this ground that the matter has been delayed for the last 33 months. ( 3 ) ON the other hand the learned Public Prosecutor submits that the application under Section 319 will be argued by the learned Public Prosecutor of the Trial Court on the next date of hearing. ( 4 ) FOR the petitioners. I am of the view that this hardly matters for them if any other person is included in the trial or not. This Court has always been anxious that the trial before the Sessions Judges should take-place as expeditiously as possible and directions to that effect have been made in different judgments reported and unreported. I am of the view that the case of the applicant- petitioners is squarely covered by the case of Ramniwas v. State of Rajasthan (supra) and I am inclined to grant bail to the accused petitioners namely; Jagdish son of Sheonarain and Kishori Ram Kishore son of Sheonarain both resident of village Khurdiya Police Station Patan, District Sikar, Rajasthan, with certain conditions. ( 5 ) THE bail application is allowed. ( 5 ) THE bail application is allowed. It is directed that the accused petitioners namely; Jagdish and Kishori, shall be released on bail; provided each one of them furnishes a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the learned Trial Court, with the stipulation to appear in that Court on all subsequent dates of hearing and as and when called upon to do so. The bail shall be subjected to the following conditions: (1 That the petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; and (2) That the petitioners shall maintain peace and be of good behaviour during the trial in this case. If any of the condition is violated by j the petitioners at any point of time, the Trial Court shall be free to cancel the bail order without reference to this Court. Application allowed.