KALU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is the second bail petition filed on behalf of the petitioner.

(2.) THIS Court vide its order dated 10. 8. 93 while rejecting petitioner's earlier bail petition had directed that he shall be at liberty to file fresh bail petition after the statements of Bheru Singh, Ram Lal, Jhunjhar Singh, Kishor Singh, Balu, Bheru and Devi Singh are recorded by the learned trial Judge. The learned trial Judge recorded the statements of P. W. 1 Bheru Singh, PW 2 Jhunjhar Singh, PW 3 Kishor Singh, PW 4 Devi Singh, PW 5 Bhoor Singh, PW 6 Shammi Ulla, PW 7 Balu and PW 8 Bheru Lal, wherein PWs. 1 to 4 and 7 & 8 have been declared hostile as they did not support the prosecution case. It appears that thereafter co-accused Bishan Singh was arrested and the trial court vide its order dated 9. 6. 94 ordered for de-novo trial. The petitioner is under detention since 10. 9. 92 and the alleged 2 quintal & 40 Kgs. poppy husk, which was carried on a camel was not recovered from the actual physical possession of the petitioner. De Novo trial would mean further unnecessary detention of the petitioner, which violates the petitioner's right for speedy trial.