SALAKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) IT is unfortunate that in spite of this Court's direction to the Courts below contained in the order dated 13.12.91 in Misc. Cr.C.No. 3809/91 to conclude the trial with in 4 months from the date of receipt of a copy of that order, the trial has not even commenced and the Sessions Judge, by his order dated 8.4.92, has issued a letter to the District Magistrate, Durg for appointment of a Public Prosecutor to conduct the case. The petitioners are in jail for more than 2 1/2 years now from 25.2.90. It was further directed by this Court in the order dated 13.12.91 that if the trial was not concluded within a period of 4 months from the date of receipt of a copy of that order by the Sessions Court, the petitioners shall be at liberty to move this Court again for grant of bail.

(2.) I think it is a fit case in which the petitioners should be released on bail, for they ought not to be made to suffer on account of any -inaction or laxity on the part of the Judicial officers below, be he a Committing Magistrate or the Sessions Judge.