GOPAL Vs. STATE

JUDGEMENT

(1.) As these two bail applications under section 439 Cr.PC. arise out of the same Sessions case they have been heard together and are being disposed of by this common order.'

(2.) Petitioner Gopal is said to be armed with a sword, but no injury is ascribed to him by sword to any person. Petitioner Shanker Lal was admittedly the driver of the jeep in which accused persons including the present petitioners had come to rescue accused Birbal from custody. They are facing trial before the learned Addl. Sessions Judge, Neem Ka Thana on charges for the offences under sections 302, 307, 120-B, 147, 148, 149, 225, 325 and 353 IPC.

(3.) Learned counsel for the petitioners have sought therein release on bail on two grounds. First, that similarly situated co-accused persons have already been granted the indulgence on bail and the case of the present petitioners being not in any way graver or distinguishable from there case, they should be enlarged on bail on the principle of parity. Their second ground is that the trial has not been completed for over three years and it will still take pretty long time to be concluded. The petitioners have a constitutional right of speedy trial and in the event of the trial being not completed within a reasonable time to be released on bail. In this regard also they have submitted that co-accused Amar Singh has been enlarged on bail on this ground.