GYAN PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -This 4th bail application has been filed by the petitioner, who is charged to have committed offence u/S.302 IPC. It is pointed out by Shri Jain, learned counsel for the petitioner that FIR was lodged on 10-7-1987 and the petitioner was arrested on 23-11-1987. His first bail application was dismissed while making observation that the eye-witnesses mentioned in the said order should be examined within a period of three months and that thereafter the petitioner shall be at liberty to approach this Court again. The second bail application was dismissed on 4-5-1988. In this application it was observed by this Court that the trial court has not taken care to see that the witnesses are examined within time as directed by the Court. It was again directed that the eye-witnesses mentioned in the order be examined within three months and the petitioners were given liberty to approach this Court thereafter. The third bail application was filed on 28-10- 1988. In this application the evidence of the eye-witnesses was considered and the bail application was rejected without causing any prejudice to the case of either of the parties on merits.

(2.) It is submitted by the learned counsel that the trial is proceeding at a snail's pace which is evident from the fact that the petitioner has been in custody since 25 months and out of 22 prosecution witnesses, only 11 have been examined so far. The learned counsel has filed certified copies of the order sheets of the trial court from 18-12-1988 to 18-12-89 when the case was adjourned to 5-2-1990. It is, therefore, submitted that keeping in view the protracted trial, the petitioner deserves to be released on bail.

(3.) It is submitted by Shri Sharma, learned Public Prosecutor that the direction of the Court given that at least one date should be fixed for every week was only regarding examining the eye witnesses, so far as the names had been mentioned while rejecting the second third bail application. Thereafter no specific direction was given. He prays that time of three months be granted to complete the prosecution evidence.