DEEWAN SINGH Vs. STATE

JUDGEMENT

(1.) Heard. Perused the material available on record. The instant third bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.186/2014, registered at Police Station Bhirani, District Hanumangarh for the offences under Sections 302, 307, 341 and 120B IPC.

(2.) The petitioner is facing trial in connection with the aforesaid FIR and is in custody since 18.06.2014. The trial against the present petitioner had proceeded to a significant stage. But thereafter, on the application filed by the prosecution, a left out accused named Bheem Singh was summoned as an additional accused by exercising powers under Section 319 Cr.P.C. by order dated 22.03.2018. Since then, the trial of the freshly summoned accused was clubbed with the trial of the present petitioner. Learned counsel Shri Makkad points out from the order-sheets of the trial court that after the de-novo trial was commenced, not even a single witness has been examined by the prosecution. He thus urges that the petitioner deserves to be released on bail because he is being incarcerated in custody without any prospect of conclusion of the trial in the near future.

(3.) Per contra, learned Public Prosecutor and the counsel representing the complainant have vehemently and fervently opposed the submissions advanced by the petitioner's counsel. Nonetheless, they too are not in a position to dispute the fact that after summoning of the additional accused Bheem Singh, the trial has not proceeded even a single inch because not even a single witness of prosecution has appeared to depose in the proceedings. The petitioner is in custody since 18.06.2014 which is well in excess of five and half years.