NARAYAN YADAV Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS Narayan Yadav Raja and Govind were arrested by police Patharia on 7.2.1999. for their alleged involvement in the above case registered for the alleged commission of the offences punishable under sections 147,148, 302, 307, 324, 325 and 427 read with 149 IPC. Petitioners Narayan Yadav Raja and Govind and their other co - accused persons were alleged to have committed murders of Preetam and Kadori by causing injuries on them by means of lathi, farsa, axe, etc in the morning of 6.2.99.

(2.) SHRI Sakle, the learned counsel for the petitioners, submits that though the petitioners are in custody for the last about 4 years but out of the 40 witnesses proposed to be examined by the prosecution, 9 still remain to be examined. The learned counsel further submitted that the petitioners trial now stands fixed on 27.12.2002. It was further pointed out that petitioners similarly placed co -accused persons have already been granted bail vide orders dated 1.4.2002,15.4.2002 and 9.5.2002 passed in M.Cr.C No. 901/2002, 1938/2002, 2290/2002, 2104/2002 and 2107/2002. On due consideration of the submissions of the learned counsel for the parties and on considering the petitioners pre -trial detention of about 4 years and the delay likely to be caused in the conclusion of the petitioners trial, this Court is of the opinion that it is a fit case for grant of bail to petitioners Narayan Yadav @ Raja and Govind also.