DINESHPURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr. P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 102/2017, Police Station Desuri, District Pali for the offence under Ss. 8/15, 25 & 29 of NDPS Act.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

(3.) Learned counsel for the petitioner submits that the second bail application of the petitioner was dismissed by this court vide order dtd. 5/7/2022 with a direction to the learned trial court to expedite the trial proceedings and conclude the same at the earliest. The present third bail application has been filed on the ground that despite the directions having been issued by this court, the trial is not being proceeded and concluded. Learned counsel for the petitioner further submits that the petitioner has suffered incarceration for more than five and a half years. He submits that despite the directions having been issued by this Court, the trial is proceeding at a snail's pace and out of 24 witnesses, only 9 witnesses have been examined so far. Learned counsel has placed on record order sheets of the trial court to show, that the trial is not being delayed at the hands of the petitioner but the same is being delayed because of the non-appearance of the prosecution witnesses. Learned counsel has placed on record order sheets of the trial court to contend that a close reading of the same will show that the witnesses who are mostly police officials despite having been summoned by the trial court from time to time, failed to appear for tendering their evidence before the trial court. The counsel for the petitioner relies upon a judgment of three Judges bench of Hon'ble the Supreme Court rendered in the case of Union of India v. K.A. Najeeb, (2021) 3 SCC 713 and the judgment of Hon'ble Apex Court in the case of Muslim @ Hussain v. State, (NICT of Delhi) decided on 28/3/2023. Learned counsel further submits that casual approach of the police officials in not appearing before the trial court for their examination is hampering the trial proceedings resulting into delay in deciding the case of the petitioner for which he has to suffer the incarceration.