CHANDRA SHEKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This courd had directed under its order dated 30.4.1993 that the trial court should expediate the trial and if the trial does not conclude within four months, the petitioner will be free to move again for bail. More than four months have expired and the trial has not been concluded. The accused-petitioner was taken in custody on the ground of alleged possession of 7 gms. of smack alongwith wrapper on 30.9.93, almost a year ago. In the case of Angrej Singh Vs. State, S.B. Cr. Misc. Bail Application No. 155/93 decided on 9.9.93 this court has observed that the accused has a right of speedy trial and despite there being fetters on powers of this court under Sec. 439 read with Sec. 37 of the NDPS Act, Art. 21 of the Constitution be attracted and if there is delay in trial of the case, the accused in a proper case will be entitled to be released on bail under Art. 21 of the Constitution. In a case where there is no progress in the trial and because the report of the FSL has not been received, I am inclined to release the accused petitioner on bail. The other accused persons who were also arrested along with the accused-petitioners have been released alongwith the accused-petitioner have been released on bail by the co-ordinate benches of this court, under various orders.

(2.) Consequently, I hereby allow this application and direct that the accused petitioner Chandra Shekhar s/o Shri Shambhu Dayal shall be released on bail on his furnishing a personal bond in the sum of Rs. 12,000.00 with two sureties of Rs. 6,000.00 each to the satisfaction of the trial court undertaking to appear in that court or any other court on all dates of hearing or as and when called upon to do so.