KANHAIYA LAL GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AFTER dismissal or eighth bail application, petitioner preferred Special Leave Petition before the Hon'ble Apex Court which was decided on 23.01.2012. Therein, liberty was given to the petitioner to make petition before appropriate forum after four months for grant of bail. Learned counsel for petitioner submits that despite the order of this Court, trial has not yet been concluded though matter was heard finally in part and thereupon deferred for calling "Rojnamcha". The matter is yet pending before the trial Court and is likely to take time for final hearing in view of subsequent development and order passed. Petitioner has filed this bail application pursuant to the liberty given by the Hon'ble Supreme Court. Petitioner is behind bars since 03.01.2006 i.e. for seven years. The cause of death of the deceased is by septicemia also. My attention is also drawn towards Rules 42 and 43 of the General Rules (Criminal), 1980 and on the judgment of this Court in the case of "Arjun Singh @ Bhanwar Singh versus State of Rajasthan", reported in CrLR (Rajasthan) 1988 page 476. In view of aforesaid, petitioner may be granted bail.

(2.) ON the other hand, learned Public Prosecutor has opposed the bail application.