LAWS(MPH)-1991-12-23

SITA RAM Vs. STATE OF MADHYA PRADESH

Decided On December 04, 1991
SITA RAM Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS is applicant Sitaram's third bail application under Section 439 (1), Cr. P. C., before this Court.

(2.) APPLICANT Sitaram along with 11 persons are facing charges under Sections 147/148 and 302 read with Section 149, IPC. Deceased Ramji Sharan and Arun Kumar were shot in the aforementioned rioting .

(3.) THE applicant was arrested on 11 -8 -1988. Co -accused Siyawar, who is the son of the applicant, jumped bails and is at large. The first bail application of the applicant was rejected by this Court in Criminal Misc. Case No. 1719/90, decided on 7 -1 -1991. In that order, 1 gave reasons and held that I was not satisfied that the pendency of the Sessions case at the evidence stage had any relevance with the prosecuting agency at any stage of the trial. The ground of delay has been pressed in the service in the third bail application as well. Initially, the Public Prosecutor proposed to examine 38 prosecution witnesses.