ABDUL WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though this is fourth application under section 439 Crimial P.C., but there are some special circumstances which required consideration for the disposal of this application.

(2.) In this case, the petitioner and nine other accused are facing trial for various offences, including the one under section 302 I.P.C for committing murder of one Jagdish. The incident had taken place on a dispute about some land. In the said incident, two of the accused persons had also sustained injuries, including grievous injuries.

(3.) There is no dispute that the petitioner was arrested on 12th Aug, 1990. Other accused were also arrested but they have been released on bail either by the Sessions Court or by this Court. Only the accused petitioner, out of the ten accused, is in jail.