SATYA DEO RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been filed under Section 438*Cr.P.C. A complaint was filed by Smt. Savita w/o Dr. Rajnish against the petitioners before Chief Judicial Magistrate, Bikaner for offences under Sections498 -A and 406 I.P.C., which was forwarded to S.H.O., Mahila Police Thana, Bikaner, by the learned Chief Judicial Magistrate, Bikaner for investigation and enquiry under Sec, 156(3) Cr.P.C. on the basis of the complaint, the police registered Crime Report No. 33 dated 1.6.2001 and proceeded with investigation.

(2.) THE bail application came up before this Court on 7.6.2001. The learned Public Prosecutor (for short 'P.P.') was directed to procure the case diary within two weeks and meanwhile, it was directed that the petitioners shall not be arrested in connection with the said F.I.R. vide order dated 27.6.2001, the matter was adjourned to 5.7.2001 and the interim order dated 7.6.2001 was extended. On 5.7.2001, the learned P.P. submitted that the case diary has not yet been received and sought further time to requisition the case diary. Two weeks time was allowed by this Court and the interim order was extended. On 20.7.2001, the matter was adjourned for two weeks and it was directed to continue the interim order till then. On 6.8.2001, again the matter was adjourned to 20.8.2001 and the interim order was extended. Again on 21.8.2001, the matter was adjourned to 27.8.2001 and the interim order was extended. On 27.8.2001, the matter was adjourned to 4.9.2001 with the direction to continue the interim order. On 4.9.2001, this bail application was listed before me and on the joint request of the learned Counsel for the parties, the matter was adjourned to 7.9.2001 with the direction to continue the interim order dated 7.6.2001. On 7.9.2001, the learned P.P. submitted that the case diary of this case has been received from the police.

(3.) I have heard the learned Counsel for the parties present on the preliminary objection raised by the learned Counsel for the complainant as well as on merits of this bail application.