SAINT ASHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the instant special leave petition, seeking regular bail. It is not a matter of dispute, that the instant application is the third bail application, filed under Sec. 439 of the Code of Criminal Procedure. During the course of hearing, it was submitted, that the petitioner has co-operated through out, and has not sought any unnecessary adjournments, and that, keeping in mind his age, which is 79 years, and the length of his incarceration till date, which is approximately three years and five months, he should be granted the concession of bail. More so, because the prosecution evidence has since been closed, and there is therefore no ground to fear any influence over prosecution witnesses at this stage.

(2.) Even though the instant prayer for the concession of bail under Sec. 439 of the Code of Criminal Procedure was originally canvassed on the basis of a communication dated 08.11.2016, attributed to the office of the Jail Superintendent, Central Jail, Jodhpur, Rajasthan, yet the same having been withdrawn at a subsequent stage, will not be taken into consideration for disposing of the present application.

(3.) Insofar as the stand of the State of Rajasthan is concerned, the prayer made at the behest of the petitioner is strongly opposed. It is submitted, that it is the accused himself, who is responsible for the delay and prolongation of the trial, and had he not unnecessarily delayed the trial, which could have been over, by now. In this behalf, in order to demonstrate deliberate delay, it is pointed out, that the investigating officer was summoned on 104 dates of hearing, for cross-examination.