TAHARIM Vs. STATE

JUDGEMENT

(1.) This is the third successive bail application filed by appellant/accused No.1 in Special Case No.40/2020, which is pending before the Court of Sessions Judge at Yadgiri (for short 'Trial Court').

(2.) The appellant, who has been charge sheeted for the offence punishable under Sec. 302 read with Sec. 34 of IPC had earlier filed Criminal Petition No.200188/2021, which was withdrawn by him after arguing the matter for some time with liberty to approach this Court after examination of the material eyewitnesses is completed before the Trial Court. Thereafterwards, he had filed Criminal Appeal No.200152/2021, which was dismissed by this Court for non prosecution. Now the present appeal is filed with a prayer to release the appellant on regular bail in the aforesaid case.

(3.) The learned counsel for the appellant submits that though the appellant is in custody ever since 25/2/2020, there is no progress in the trial and even the charges are not framed as on this date. He submits that accused No.2 has been already released on bail and therefore, on the ground of parity, the appellant is entitled to be enlarged on bail. He also submits that the appellant has no criminal antecedents and he is an youngster, aged about 22 years and therefore, prays to allow the appeal.