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2019 DIGILAW 1673 (RAJ)

IRSHAD @ IMUU v. STATE OF RAJASTHAN, THROUGH PP

2019-05-28

P.K.LOHRA

body2019
JUDGMENT : 1. Accused-petitioner is facing trial for offence punishable under Sections 354, 341, 323 & 354A & D IPC and Section 7/8 of the POCSO Act in Sessions Case No. 307/18, pending before Special Judge, POCSO Act Cases, No. 2, Pali. 2. The first bail application on behalf of petitioner was dismissed on 1st of September, 2017 followed by second on 12th of July, 2018. 3. Arguing on this third bail application, it is submitted by learned counsel that co-accused Mohd. Rijwan has been enlarged on bail by this Court while considering his second bail application and case of the present petitioner is not distinguishable from him. It is also submitted by learned counsel that petitioner is in custody since 27th of July, 2017 and so far there is no material progress in the trial. Learned counsel has further contended that both the children (victim) during their deposition before learned trial Court have not attributed any specific overtact to the petitioner and almost same allegations are there as are levelled against co-accused Mohd. Rijwan, who has been enlarged on bail. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is also argued by learned Public Prosecutor that most of the material witnesses have already been examined during trial and now only I.O. and other police witnesses are to be examined. 5. Learned counsel for the complainant Mr. Moti Singh has also opposed the bail plea and submitted that case of the petitioner is clearly distinguishable from co-accused Mohd. Rijwan. 6. Upon perusal of the statement of PW3, it is clearly discernible that the child witness has not attributed any overtact to co-accused Rijwan during her cross-examination. Therefore, in that background, I am afraid, case of the present petitioner cannot be treated at par with him. Moreover, the trial has materially progressed, is yet another reason for declining bail plea of the petitioner. 7. Resultantly, the bail application fails and same is hereby rejected. However, before parting, it may be observed that learned trial Court is expected to expedite trial and conclude the same at the earliest and accused-petitioner is granted liberty to renew prayer for grant of bail, if trial is not completed within four months.