KAJOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted. The co-accused have been released on bail by us as per order dated 16-10-2000 in Criminal appeal No. 879/2000. Learned Counsel for the appellants submits that in view of the said order of this Court these appellants may also be released on bail. But Mr. Sushil Kumar jain, learned Counsel for the State of Rajasthan submitted that these appellants were absconding for a long period and it is only after steps have been taken by the Trial Court under Sections 82 and 83 of the Code of Criminal Procedure that these appellants could be apprehended. The fact that they are in custody from 27-11-2000 is true. Mr. Sushil Kumar Jain, learned Counsel then submitted that evidence in the trial has already started and would be over within three months from today. But appellants' counsel does not find any reasonable prospect of the trial ending within three months.

(2.) We, therefore, order that if the trial would not be concluded within three months from today the Trial Court shall release the appellants on bail on the expiry of that period of three months on each of them executing a bond with two solvent sureties to the satisfaction of the Trial Court. We make it clear that crossing this three months' period shall not be attributable to any dilatory tactics adopted by the appellants in that case. If they adopt such tactics they will not be entitled to the benefits provided by this order.

(3.) These appeals are disposed of accordingly. Appeals disposed of.