PHILLIP CHAND GOYAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the applicants is that they are claiming bail not on the merits of the case but on the sole ground of not getting a speedy trial or in other words because of the delay in trial.

(2.) Facts of the case are that the applicants are said to have committed murder of the deceased in broad day light and the case was placed before the committal Court on 05.01.2013. The matter after committal was registered as Sessions Trial No.14/2013 by the Sessions Judge who thereafter vide order dated 23.01.2013 transferred the matter to be tried by the third Additional Sessions Judge.

(3.) From the facts which has been provided by the applicants in the bail application it is reflected that the charge has been framed against the applicants for the offence u/s 302/34 of IPC and 25 (1) (b) (B) of Arms Act. It is further reflected that the evidence in the instant case started on 25.03.2013 and till 28.09.2013 about 18 witnesses have been examined. Subsequently, as the Court was lying vacant, the trial could not progress any further and therefore the present applicants moved an application u/s 439 of Cr.P.C before the Court below for grant of bail which was rejected on 22.03.2014. Hence, the applicants have now filed the bail application before the High Court and through this bail application also counsel for the applicants prays for grant of bail to the applicants on the ground of delay in trial.