Ahmed @ Patar S/o Shri Mehmood Khan v. State of Rajasthan Through P. P.
2017-01-09
MAHESH CHANDRA SHARMA
body2017
DigiLaw.ai
ORDER : 1. This fourth bail application has been filed under Section 439 Cr.P.C. 2. Brief facts of the case are that FIR No.114/2015 was registered at PS Mehandwas, Tonk for the offences mentioned therein. During the course of investigation, the accused petitioner was arrested. Thereafter the accused petitioner moved bail application before the learned court below which was dismissed on 28/8/2015. His first bail application was dismissed by this court on 27/10/2015 with liberty to file a fresh one after filling of challan. Thereafter he moved the bail application before the trial court which was dismissed vide order dated 22/12/2015. Thereafter second bail application has been filed on behalf of the petitioner before this court which was dismissed on 10/2/2016. His third bail application was dismissed on 25/7/2016. Thereafter, trial court dismissed the bail application on 8/11/2016.Hence this bail application. 3. Learned counsel for the petitioner has contended that most of the witnesses including the complainant have been declared hostile therefore either the petitioner may be granted bail or the trial court be directed to conclude the trial within a period of two months after receipt of the certified copy of this order. It has also been contended that the accused petitioner is in judicial lockup since long and the conclusion of trial of the case is likely to take time, hence the accused petitioner should be released on bail. 4. Learned PP opposed the bail application and contended that there is no change in circumstances. He further contended that eleven cases are pending against the petitioner hence he be not released on bail. 5. I have heard learned counsel for the parties and perused the relevant material placed before the court. 6. Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I do not think it is a fit case to release the petitioner on bail. 7. Therefore, this fourth bail application is dismissed. 8. However, the trial court is directed to conclude the trial within two months from the date of receipt of certified copy of this order.