RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Applicant herein was tried with 4 others under Section 302 read with Section 149 of the Indian Penal Code and other offences. Out of 4, one had died during the pendency of the appeal, the other three were acquitted by the trial Judge. The conviction recorded by the learned trial Judge against the present applicant was confirmed by this Court vide order dated 6.12.1995. In the appeal preferred by the appellant, the Hon'ble Supreme Court set aside the order passed by this Court and remanded case for decision afresh vide order dated 17.3.1998. Relevant part of the order passed by the Hon'ble Supreme Court that needs mention for the purpose of deciding this application reads as follows :

(2.) True, the matter is on the daily board for sometime and every endeavour was made to dispose of this matter, but due to rush of work, not only this but also other regular matters could not be taken up. We need not dilate upon all the facts causing delay in this matter but are constrained to mention that in this High Court, there is only one criminal D.B. which would normally start functioning and disposing of regular matters at 10.15 a.m. but for last quite sometime, we have not been able to take up any regular matter even upto 2.30 p.m. on account of number of motion matters which are listed in this Court everyday. It may be mentioned that in the other criminal D.B. the matters which are not taken up by this Court are taken. In view of what we have said above, the appeal is not likely to be taken up in near future and not only three months but a period of about 10 months have gone by when the Hon'ble Supreme Court passed the order referred to above. We would also mention here that so far as the application is concerned, he is in judicial lock up since 30.4.1994.

(3.) In the circumstances detailed above, we allow bail to applicant Rajinder alias Gandhi to the satisfaction of Chief Judicial Magistrate, Bhiwani. Recovery of fine in also stayed.