SHAMEER SINGH @ CHHABIR SINGH Vs. STATE

JUDGEMENT

(1.) This is a second bail application under Sec. 439, Crimial P.C. The first bail application was rejected on 12th Sept., 1991 with the mention that non-availability of other accused persons and putting them to trial is not a reason for deferring the trial against whom the charge-sheet has been filed and the trial Court is directed to expedite the trial against the accused petitioner and it should be completed as far as practicable within next four months. The Four month's period has expired in Jan., 1992 and, this second bail application was moved on 5th Feb., 1992 on 13th Feb., 1992. It was recorded that the counsel for the petitioner wanted to file copies of the order-sheet and the matter was posted after two weeks. On 6th March, 1992, the matter was again posted for 10th March, 1992.

(2.) Shri S.R. Bajwa submits that he has got no copies of the order-sheets, but he makes a statement at the Bar that there is no progress in the trial; not a single witness has been examined in the trial and the accused petitioner is in jail since 12th April, 1991 i.e. for a period nearly one year. Shri Bajwa has cited before me 1988 RCC 265 Latoor alias Latif Vs. State of Rajasthan, decided on 24th May, 1988, in which case the Court while considering a third bail application has held that the direction issued in the previous application to complete the trial with in six months, but the trial was not completed within the prescribed period & the petitioner was, therefore, entitled to be enlarged on bail.

(3.) Heard Shri Pekar Farooq, Addl. Public Prosecutor and also gone through the order dated 5th Aug., 1991. In the facts and circumstances of the case, I am inclined to accept this bail application under Sec. 439, Crimial P.C. I, therefore, order that the accused petitioner Shameer Singh alias Chabeer Singh s/o Mehar Singh, by caste Rai Sikh, r/o Barwara Police Station Govindgarh be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00 and two sureties in the sum of Rs. 5000.00 each to the satisfaction of the trial Court to appear before it on the next date of hearing and on all subsequent dates of hearing, whenever he is called upon to do so.