JAHIR HAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted. By the impugned order, the appellant is denied bail which is sought under Sec. 439 of the Code of Criminal Procedure. The appellant was arrested on 8/5/2014 in connection with FIR 113/2014 of Police Station Pratapnagar, Jodhpur for offences punishable under Ss. 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967 (in short 'Act of 1967').

(2.) A chargesheet came to be filed against the appellant on 17/9/2014. Charges have been framed against the appellant on 29/1/2018. It is not in dispute that the appellant has been in custody for a period of almost 8 years. As far as stage of the case is concerned, examination of only 6 witnesses have been completed. The seventh witness is being examined. Ms. Pragati Neekra, learned counsel for the State, does not dispute the fact that there are 109 witnesses. Without much dispute, it can be found that the appellant who is an undertrial prisoner, has already undergone a long period of incarceration.

(3.) This Court issued notice in this matter on 29/9/2021. Thereafter the matter came up on 26/11/2021 wherein the complaint of the appellant that out of 180 witnesses cited by the prosecution, evidence of not even a single witness was complete was noted; the counsel for the State, was asked to get instructions and also to submit before the Court as to the approximate time within which the trial can be concluded.