RAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Aminuddin Ahmad Khan, counsel appearing for the petitioner, Mr. Lal APP representing the State and Gopal Govind Mishra appearing for the informant.

(2.) The petitioner is one of the accused in case under Section 302 of the Penal Code. His prayer for bail was earlier rejected by this Court a number of times. The prayer is renewed on the ground that he is in jail for over three and half years and there are no signs of the trial proceedings coming to an end. The second part of the statement made on behalf of the petitioner appears to be slightly misleading. On behalf of the informant, an affidavit is filed from which it appears that though in the charge sheet, nine witnesses were named, four out of them were given up by the prosecution. The remaining four witnesses including IO have been examined. What now remains is the cross- examination of IO by the defence and examination/ cross-examination of the doctor. From the informant's affidavit, it further appears that the trial proceedings were currently stalled because the Court of ADJ II where the trial is going on was being boycotted by the members of the Ara Bar for the past three months.

(3.) This appears to the Court to be a highly anomalous position. On the one hand, the counsel for the petitioner refuses to attend the Court concerned and on the other hand, the petitioner tries to take the plea of delay in his trial.