GAUTAM KANDIYA BHONSLE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third bail application under S.439 read with Sec. 437(6) Cr.RC. has been filed on behalf of petitioner Gautam Kandiya Bhonsle who is facing trial before the learned Civil Judge (J.D.)-cum-Judl. Magistrate, Sanganer on the charges for offence under Sec. 420 Cr.RC. in Regular Cr. Case No. 570/2003 in F.I.R. No. 425/2002 PS. Sanganer, Distt. Jaipur.

(2.) Learned counsel for the petitioner has contended that after framing of the charge against the petitioner on 6.8.2003 and the first date was fixed for prosecution evidence was 19.8.2003. According to him more than three months have elapsed since then and the trial of the case has not been concluded for no fault on the part of the petitioner. He is, therefore, entitled for bail under the provisions of Sec. 437(6) Cr.RC. as there are no exceptional circumstances to refuse him bail.

(3.) Having considred the submissions made at the bar, nature of accusation, materials on record and particularly the aforesaid fact, the petitioner now deserves to be enlarged on bail.