MAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Maga Ram, who is said to be in custody since 08.10.2008, and is facing trial for the offences under Sections 302/34 and 302/120B IPC, has moved this fourth application for bail.

(2.) THE first application as moved by the petitioner bearing No.982/2009 was dismissed as not pressed on 08.05.2009. The second bail application bearing No.5815/2010 moved on behalf of the petitioner was dismissed as withdrawn on 02.11.2010 with liberty to move afresh before the learned Trial Court. The third bail application bearing No.387/2012 was considered on 22.02.2012. By that time, the trial had registered substantial progress and it was given out that 15 witnesses had already been examined and only one relevant witness Pappu Devi was to be examined. The learned counsel for the petitioner, in the third bail application, with reference to the fact that the trial was at its fag end, sought permission to withdraw but made a request for observations for expeditious proceedings in the trial. This Court found the submissions justified and even while dismissing the bail application as withdrawn, made the observations as under: -

(3.) A perusal of the order-sheets as placed before the Court make out that on 12.06.2012, the learned Trial Court consciously took note of the position of the record and directed the remaining witnesses to be summoned by bailable warrant through Superintendent of Police, Nagaur and also observed: