MITHU SINGH Vs. THE STATE

JUDGEMENT

(1.) This is fourth application for bail on behalf of Mithu Singh, who is facing trial for offence u/s 302/34 I. P. C. while dismissing the bail application on 22.5.84, it was directed that the petitioner shall be free to move another application after the principal witness Smt. Rehmat Bibi is examined and it was further directed that the prosecution would see that the witness is examined by the end of June, 1984. Unfortunately this witness has not been examined till now. The two late applications were again rejected by this court on the ground that although the trial of the case was being delayed, there were some reasons for the delay as mentioned in the order dated 16.1.85. In that order, it was also pointed out that if the Presiding officer is posted by 13.2.85, which was the next date fixed in the trial court, it will be the duty of the prosecution to examine the witness on that day and any failure on their part in producing the witness now shall be considered favourably for the consideration of any further bail application. The Presiding Officer had already been posted before 13.2.85. Despite that no witness was examined and the copy of the order-sheet dated 13.2.85 filed by the learned counsel for the petitioner shows that it was the complainant's counsel who had instructed the witness not to appear on 13.2.85 as he did not hope that the Presiding Officer would be posted by that date. To say the least, this was most in appropriate on the part of the prosecution in face of the direction given by this Court. Further it also appears from the affidavit filed by Harnek Singh before the learned Addl. Sessions Judge No. 1 on 13.2.85 that the witness Smt. Rehmat Bibi had come to the court on that day but had disappeared without giving her statement in the court. This clearly shows that the prosecution is not taking proper care and interest in completing the trial despite the directions of this Court and, therefore, the court feels compelled to grant bail to the petitioner.

(2.) I, therefore, direct that the accused Mithu Singh shall be released on bail on his furnishing a personal bond on the sum of Rs. 10,000.00 (Rs. ten thousand) with two sureties of Rs. 5000.00 each to the satisfaction of the learned Addl. Sessions Judge No. 1, Hanumangarh, for his appearance before that court on the next date of hearing and on all subsequent dates. Bail petition allowed.