BHIMSEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.158/2021 of Police Station Sadar, District Hanumangarh, for the offence punishable under Ss. 307, 394, 454 and 120-B of IPC and Sec. 27 of Arms Act. He has preferred this bail application under Sec. 439 Cr.P.C. Learned counsel for the petitioner submits that the matter was fixed for final arguments on 31/10/2023 and on that day, the Presiding Officer i.e. learned Addl. District & Sessions Judge No.1, Hanumangarh mentioned in his order-sheet that the statements of witnesses from PW-15 to PW-28 were not tagged. On 6/11/2023 the presiding officer mentioned in the order sheet that the statements were missing, however, the counsel stated that he has obtained the certified copies of statements and the same were also saved in the computer of concerned court clerk. Counsel for the accused submits that the statement of witnesses are available with him, still, the trial court sent a communication to District and Sessions Judge, Hanumangarh seeking guidelines. However, till date no instructions have been received from the District and Sessions Judge, Hanumangarh. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(2.) Learned Public Prosecutor has opposed the bail application. I have considered the arguments advanced before me and carefully gone through the material available on record. According to the order sheet dtd. 6/11/2023, which shows that a letter has been sent to the District & Sessions Court, Hanumangarh for seeking guidelines but till today, no instructions have been received in this regard. It has also been mentioned in the order sheet that the statements of PW-15 to PW-28 were saved in the computer of concerned Court clerk. Therefore, learned Addl. District & Sessions Judge No.1, Hanumangarh is directed to take the certified copies of the statements of PW-15 to PW-28 from the counsel for the accused as well as obtain the record from the computer of the concerned Court clerk. The Addl. District & Sessions Judge No.1, Hanumangarh is directed to decide the matter within a period of three weeks from today. If the learned trial Court fails to decide the case within the stipulated time then the petitioner will be at liberty to file a fresh bail application before this Court.

(3.) With the above directions, the present bail application is decided accordingly. Copy of this order be sent to the learned District & Sessions Judge, Hanumangarh as well as to the learned Addl. District & Sessions Judge No.1, Hanumangarh forthwith.