RAVI POOJARY Vs. STATE

JUDGEMENT

(1.) Heard Sri. Dilraj Jude Rohit Sequeira, learned counsel for the petitioner and Sri. Vijay Kumar Majage, SPP-II.

(2.) This is a petition under Sec. 439 Cr.P.C. filed by accused no.1 in S.C.No.713/2020 on the file of Addl. City Civil and Sessions Judge, CCH-62, Bengaluru. The petitioner is facing trial for the offence under Sec. 302 , 307 IPC and Sec. 3 and 25 of the Arms Act. This court disposed of Crl.P.No.3696/2020 filed by the petitioner on 21/10/2020 rejecting his application for bail, but at that time a direction was given to the trial court to expedite the trial.

(3.) It is the submission of learned counsel for the petitioner that in spite of specific direction, trial has not commenced and that the petitioner has been in custody for the last three years. He also submits that the main case S.C.No.18/2009 ended in acquittal of all other accused, except accused nos.5 and 8. This being the position, if the trial has not commenced, certainly it affects the interest of the petitioner and therefore the petitioner is entitled to claim bail.