PAPPU @ RAMAVTAR Vs. STATE

JUDGEMENT

(1.) This is third application for grant of bail under section 439 Crimial P.C. The manner in which the trial in the case has proceeded, shows that the concerned Judge was absolutely unmindful of the fact that the accused petitioner is in Jail since May, 1992. This Court has been emphasising upon the judicial officers to expedite trial in the criminal cases, specially in those cases in which the accused are in Jail. This is also a constitutional mandate.

(2.) While rejecting second application for bail on 8.2.1993, the petitioner was given liberty to file fresh application in case the trial is not concluded within 3 months. In fact it was a direction to the trial court to be vigilant that the trial is concluded within 3 months. It appears that no attention was paid to this direction. The various order sheets, which have been produced before me also show in casual way dates have have been given and no effective steps have been taken at any point of time by the concerned Judge to conclude the trial within the specified period. It also appears that the trial court has consolidated Sessions Case No. 149/93 with the present case and all the prosecution witnesses are to be examined denovo, but not a single witness has been examined as yet. The present position is that the petitioner is in jail since May, 1992 but still not a single witness has been examined in the case. In such a sorry state of affairs this court has been left with no option but to release the petitioner on bail under section 439 Crimial P.C.

(3.) It is, therefore, directed that petitioner Pappu @ Ram Avtar S/o Ramchandra be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/ with two sureties of Rs. 5,000.00 each to the satisfaction of the trial court, with the stipulation to appear in that court on all dates of hearing during the pendency of trial against him in this case. A copy of this order be sent to the concerned Judge of Kota district.