ANIL KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, no doubt, has moved successive application, but could not succeed earlier. The petitioner was arrested in FIR No. 515/90 registered at PS-Kotwali, Alwar sometime in the month of Aug., 1990 and since then about 21 months have passed. He is facing trial along with other co-accused persons, out of which ail have been released on bail except the petitioner and one co-accused Rishi Pal. On 3rd Oct., 1991, while rejecting the sixth bail application of the petitioner, a direction was given to the trial court to record the statements of Sunil Chowdhary and Narendra Sharma, the alleged eye witnesses of the incident on the next date of hearing. A further direction was given that in any case, their statements be recorded within four months from the date of the said order. However, it appears that the statements of these two witnesses could not be recorded as per the direction of the Court. Thereafter, during the pendency of this bail application, on 3rd March, 1992, : the following order was passed:-

(2.) I have been informed by learned counsel for the petitioner that out of the above two witnesses viz. Sunil Chowdhary and Narendra Sharma, only one witness Sunil Chouwdhary has been examined and he has not supported the prosecution case, still the statement of Narendra Sharma could not be recorded inspite of the repeated directions given by this Court as stated above.

(3.) The learned counsel submits that the petitioner is in jail for the last more than 21 months and inspite of the repeated directions of this Court, even the statements of two eye witnesses were not recorded in time. He further submits that for the lapses of the prosecution, the accused cannot be kept behind the bar for an uncertain period He also argued that the co-accused have been released on bail against whom there was also an allegation that they assaulted the deceased Bhupendra Rawat. According to the learned counsel, the main accused in this case is Rishi Pal Nagar and he is not before this Court.