KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) PERUSED the report of the trial court which is kept at flag - 'B ' from which it appears that the case was not committed to the Court of Sessions till the date of report as the police paper was not prepared although the petitioner is in custody since 22.2.2001. It simply demonstrates the inefficiency and slackness on the part of Magistrate concerned. It may be pointed out that while rejecting the prayer for bail of this petitioner, this Court by its order dated 8.5.2002 passed in Cr. Misc. No. 35571 of 2001 had directed the Sessions Judge to pay his personal attention in the matter so that the trial of the petitioner is expedited preferably within six months from the date of receipt/production of a copy of the order but what to say of the disposal of the case the report of the learned Magistrate goes to show that the case has not been committed as yet.

(3.) THE petitioner is accused in a case under section 326/307 of the Indian Penal Code and has remained in jail for more than a period of two years without any progress in the trial. Seeing the conduct of the Magistrate concerned, it would appear that there is no likelihod of the trial being concluded in near future.