RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MR . Ghai has strongly stressed that this Sessions case is pending since 1994; the petitioner is in custody; he was admitted in hospital also because of his ailment; therefore, he submits that bail be granted to the petitioner-accused.

(2.) LEARNED Assistant Advocate General, Haryana, submits that the Sessions case is at the evidence stage. Now 6.5.1998 is fixed for recording the remaining evidence of prosecution. The petitioner is the main accused, who fired from his rifle hitting Jagat Singh on the back of his head; therefore, during the pendency of the trial, he be not released on bail.

(3.) IN his report, the learned trial Judge has also catalogued all types of cases which are pending on his Board. The learned Judge may be having many cases on his Board, but he is required to give special attention to this murder case, which is pending since 1994. It is also a fact that the trial could not be concluded because of one reason or the other and also because of the fact that the learned defence counsel declined to cross-examine the witnesses; therefore, fault lies with all these three branches. Neither the Court is taking keen interest to see that long dates for adjournments are not given nor any effort is made to conclude the trial. Even the defence is causing hindrance in smooth progress of the case. Now the prosecution is given enough time to produce all its witnesses on the dates on which the case is fixed for prosecution evidence.