SHIV KUMAR DAHLE Vs. STATE OF M P

JUDGEMENT

(1.) Heard .

(2.) This third repeat petition is preferred under Section 439 of Cr.P.C. for grant of bail, as the applicant is in custody since 7.5.2008, in connection of Crime No. 108/08 registered at Police Station Kotwali, Balaghat for the offence under Sections 325/149, 302/149, 148 and 323/149 of I.P.C.

(3.) It is noted that his earlier first application filed in this regard was dismissed as withdrawn and not pressed vide order dated 13.06.2013, in M.Cr.C. No.5011/13, while his subsequent application was also dismissed as withdrawn and not pressed vide order dated 28.01.2014 in M.Cr.C. No.7904/13, with a direction to conclude the trial on or before 30.06.2014 with a further direction to sent the status and progress report of the trial on every interval of two months. In compliance of such direction, the last progress report dated 27.8.2014 is received from the Court of Ist Additional Sessions Judge Balaghat, according to which, as many as 45 witnesses have been examined till 21.08.2014 and 13 material prosecution witnesses are yet to be examined in the matter for which the date was fixed 17.9.2014, 18.9.2014 and 19.9.2014. What happened on such dates, such information is not available on record.