RAZAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application under S. 439, Crimial P.C., has been filed by the petitioners on the ground of delay in the trial of the case.

(2.) The petitioner was arrested on April 5,1993 on the charges that he was found in possession of 520 m.g. (about 1/2 gram) of smack. This weight included the weight of paper in which the smack was kept. The charge has been framed in the case but not a single prosecution witness has been examined so far even though more than 71/2 months have passed.

(3.) Taking into consideration the quantity of smack and the period of detention of the accused and also the fact that the petitioner is a bonafide resident of Bundi town having no bad antecedent to his discredit and there is no danger of his fleeing away in case he is released on bail, I think it just and proper to release him under S. 439, Crimial P.C.