RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused applicant was indicted before the learned Additional Sessions Judge (Fast Track) Sikar for having committed murder of his wife, two sons and two daughters. Learned Judge vide judgment dated March 6, 2003 acquitted the accused of the charge under section 302 IPC. Assailing the finding of acquittal the State of Rajasthan preferred leave to appeal. This court vide order dated August 25, 2003 granted leave and sought the attendance of the accused through warrant of arrest. Consequently, the accused was arrested and sent to judicial custody. Invoking the provisions contained in section 390 of the Code of Criminal Procedure, the accused has now made. . prayer to release him on bail.

(2.) MR. V. R. Bajwa, learned counsel for the accused applicant canvassed that the presumption as to innocency of the accused stands fortified on his acquittal by the trial court. The refusal of bail is never for the purpose of punishment. In view of the long period usually taken for disposal of appeals it would cause hardships if the accused who stood acquitted in trial is refused bail. Reliance is placed on the judgment rendered by the Full Bench of Punjab and Haryana High Court in the State of Punjab vs. Bachittar Singh (1 ).

(3.) FOR the reasons aforementioned the bail application being devoid of merit stands dismissed. .