BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(2.) This is 5th application for grant of bail under Sec. 439 Criminal Procedure Code. The last one was rejected by this Court on Aug. 26, 1992. The third bail application was rejected on 7th May, 1992 and it was observed while rejecting the application "the petitioner was arrested on 14.2.1992, and if no progress is made in the trial of the case, it shall be open to the petitioner to approach this Court after six months". While rejecting the 4th bail application, this Court again reiterated that in case no progress is made in the trial of the case as per the order dated 7.5.92, the petitioner shall be free to move fresh application after 7.11.92. Thereafter this application was moved by the petitioner on 11.11.92.

(3.) The learned counsel submits that the petitioner is facing trial alongwith other co-accused persons under Sec. 309/439 Indian Penal Code and all other co-accused persons have been released on bail. He further submits that the petitioner is in jail since 14.2.92 and only 5 witnesses have been examined so far. He further submits that the prosecution witnesses did not turn-up on the last many dates of hearing.