ALLAHDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The original record of the Court of learned Addl. Sessions Judge, Deeg, had been summoned by this Court in the proceedings under Sec. 482 Code Criminal Procedure by various accused with the result that despite repealed directions, the trial of the case has been held-up. The accused petitioner Allahdeen who has moved this seventh application for bail is in jail because the trial is not proceeding in the case for the reasons beyond his control. I had dismissed his earlier bail-applications time and again and this is seventh application in sequence. They had repeatedly been filed because as mentioned above, the trial has been held-up and the accused is in jail for almost couple of years and the record of the case is quite bulky, hence recording of evidence shall take long. The question of further continuation of the trial will only take place after the miscellaneous proceedings in couple of cases are disposed of here. In the facts and circumstances of the case, I am inclined to accept this application for bail.

(2.) It is, therefore, ordered that the accused petitioner Allahdeen son of Shri Mohtab R/o village Villang. Police Station, Kamab, District Bharatpur, shall be released on bail; provided he executes a personal bond in the sum of Rs. 10,000.00 together with two sureties in the sum of Rs. 5,000.00 each to the satisfaction of the learned trial-court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, it is made clear that if the accused petitioner does not attend the date of hearing or in any way tamper with the prosecution witnesses, it will be open to the trial-court to cancel his bail without reference to this Court.

(3.) The Registry, shall place the file before the bench hearing the application under Sec. 482 Code Criminal Procedure and bring to its notice the fact about pendency of the trial.