AMIT JOGI Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'the Code). This is the second bail application filed by the applicant herein in this Court. The first application was dismissed by this Court vide order dated 23-9-2005. This Court, however, in paragraph 28 of the order observed thus:

(2.) The applicant submitting that there was no prospect of the trial being completed within the stipulated period of six months laid down by this Court moved an application for bail in the trial Court, namely, the Court of learned Third Additional Sessions Judge, Raipur. By order dated 23-2-2006, the learned trial Judge rejected the said bail application. In the circumstance, the applicant has moved this second bail application before this Court contending that the prosecution has willfully violated the order of this Court to conclude the trial within a period of six months from the date of the rejection of bail order, that is to say, on or before 23-3-2006 and that there is no possibility of concluding the trial in the near future and also on the ground that all material witnzesses are already examined. It is submitted that their evidence would in no way helpful to the prosecution to prove the charge of conspiracy levelled against the applicant.

(3.) Initially, the bail application was placed before Sunil Kumar Sinha, J. and since His Lordship was disabled to deal with the application, it was subsequently placed before D. R. Deshmukh, J. D. R. Deshmukh, J. as could be seen in his order dated 19-4-2006 thought that since the earlier bail application was decided by the Hon'ble Chief Justice, it is appropriate that the second bail application also might be placed before Hon'ble the Chief Justice. Accordingly, it was posted before this Bench,