SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application is filed by Surendra Kumar s/o Shivdayal on the ground that he is in jail since 24-7-1998 and no progress has taken place in the trial pending against him before the trial Court and that the other co-accused were convicted by the Trial Court on 7-8-98 against which they preferred an appeal which has been admitted and is pending before this Court.

(2.) It was submitted by learned counsel Mr. Ojha for the petitioner that while admitting the appeal of the co-accused except the main accused Sanjay who was convicted for the offence punishable under Section 302, IPC and Section 302 read with Section 149, CPC of other co-accused have been enlarged on bail, therefore, the petitioner accused should also be released on bail because there is no likelihood of the completion of trial within a short time.

(3.) From the impugned order passed by the learned Judge on 22-10-1999, it clearly appears that for delay in trial, none else but the present petitioner himself was responsible. As he jumped the bail after he was enlarged on bail during the pendency of the trial, he remained absconding for a period of nearly one year and after his arrest since 1998, he is in jail.