ISHAB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a second bail application under Section 439 Cr.P.C, the earlier one was rejected by this Court on 16.10.90 with a direction to the Trial Court to complete the trial within six months. The application has been filed by the petitioner on a ground, which is of general importance, that unless he is granted indulgence of bail, he cannot find out and procure the defence witnesses to lead evidence in rebuttal to the prosecution evidence to the effect that he had made oral confession before a Panchayat of the community members of different villages.

(2.) IN order to appreciate the submissions made by the learned Counsel for the petitioner, some facts of the case are necessary to be narrated.

(3.) IT is noteworthy that in the case there is no direct evidence to connect the accused with the crime. An important piece of evidence, on which the prosecution case perhaps, mainly hinges, is the alleged oral extrajudicial confession made by the accused petitioner in the Panchayat of the community members of different villages. Some persecution witnesses have testified in the Trial Court that the petitioner had made such confession of committing murder of his wife in the said Panchayat. It is also noteworthy that the Trial Court has recorded the entire prosecution evidence and the statement of the accused petitioner under Section 313 Cr.P.C. has also been recorded. The case is now fixed for leading defence evidence.