JUDGMENT 1. - As these two bail applications under section 439 Cr.PC. arise out of the same Sessions case they have been heard together and are being disposed of by this common order.' 2. Petitioner Gopal is said to be armed with a sword, but no injury is ascribed to him by sword to any person. Petitioner Shanker Lal was admittedly the driver of the jeep in which accused persons including the present petitioners had come to rescue accused Birbal from custody. They are facing trial before the learned Addl. Sessions Judge, Neem Ka Thana on charges for the offences under sections 302, 307, 120-B, 147, 148, 149, 225, 325 and 353 IPC. 3. Learned counsel for the petitioners have sought therein release on bail on two grounds. First, that similarly situated co-accused persons have already been granted the indulgence on bail and the case of the present petitioners being not in any way graver or distinguishable from there case, they should be enlarged on bail on the principle of parity. Their second ground is that the trial has not been completed for over three years and it will still take pretty long time to be concluded. The petitioners have a constitutional right of speedy trial and in the event of the trial being not completed within a reasonable time to be released on bail. In this regard also they have submitted that co-accused Amar Singh has been enlarged on bail on this ground. 4. Learned PP has on the other hand vehemently opposed the bail applications. He has submitted that the case of the present petitioners is distinguishable from the co-accused persons who have been released on bail. According to him the delay in the trial has not occasioned due to any default on the part of the prosecution but is the result of systemic reasons and particularly because some of the accused persons appeared before the court late or could be arrested at a very late stage. He has also submitted that the petitioners have not made any prayer before the learned trial court for segreating their case from the co-accused persons who have appeared later. He has also submitted that the petitioners have not made any prayer before the learned trial court for segreating their case from the co-accused persons who have appeared later. His contention is that the alleged charges against the petitioners are heinous and grave in nature because one public servant has lost his life and accused Lirbal has been rescued on the point of gun from proper custody when he was being taken for being produced before the court and that too in prosecution of a criminal conspiracy hatched by the accused persons. 5. 1 have considered the submissions made at the bar and have also perused the record. 6. It cannot be disputed that the case of the present petitioners is not in any way graver or distinguishable from the case of co-accused Khemchand, Arjun Lai, Amar Singh, Mst. Prabhati @ Prabho, Smt. Gulabi Devi and Naru @ Nahar Singh (since dead) who have all been released co-ordinate benches of this court, although their earlier applications had been refused. There cannot be any two opinions about the legal proposition that the accused had a constitutional right provided under Article 21 of the Constitution of India for speedy trial and where the trial is not concluded within a period of reasonable time, he is entitled to be released on bail except where there are exceptional circumstances to take a contrary view in the matter. 7. In the instant case since the similarly placed co-accused persons have already been enlarged on bail and the trial has not been concluded for over three years and is still likely to take quite sometime before it is concluded, I deem it dust and proper to enlarge the petitioners on bail. 8. In the result the bail application is allowed and it is directed that the accused applicants Gopal s/o Nanu Ram and Shanker Lai s/o Laxmi Narayan shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 8. In the result the bail application is allowed and it is directed that the accused applicants Gopal s/o Nanu Ram and Shanker Lai s/o Laxmi Narayan shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 85,000/- each to the satisfaction of the trial court, undertaking to app par in that court on each and every date of hearing until conclusion of the trial and with further stipulation that in case of their failure to appear bore the court, the learned trial court shall be at liberty to cancel the bail Bing granted to them and they shall not be thereafter entitled to bail again.Bail Allowed. *******