LOKESH BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is "the 5th bail application filed by the petitioner for grant of bail u/s 439 Cr. P. C. , in F. I. R. No. 245/85 dt. 5. 9. 1985, which was registered for offence under Secs. 307/302/34 IPC.

(2.) IT has been pointed out by the learned counsel for the petitioner that the petitioner is 19/20 years old and was arrested on September 11,1985. In the 3rd bail application filed by the petitioner, it was observed by Hon'ble Justice G. K. Sharma on 3. 3. 1986 that the petitioner is a young boy of 19-20 years of age, so, in case the trial is not completed within a reasonable time, he would be at liberty to move a fresh bail application. After a period of 3 months, on 7. 6. 86, 4th bail application No. 1544/86 was filed, in which Hon'ble Justice Farooq Hussan on 16. 6. 86 observed that the petitioner has been arrested in the month of September, 1985, but the progress of the trial of the case is not satisfactory and it has been delayed considerably. IT was, therefore, directed that the trial shall be completed by the trial court within a period of 3 months. If the trial is not-completed within the period of 3 months the petitioner shall be at liberty to file fresh bail application on the ground that the direction of this court has not been followed by the trial court. IT was also directed that in case the Presiding Officer is either on leave or has not joined, in such an eventuality the case may be transferred to some other court for disposal.

(3.) THE case of Kalu Khoda Vs. State (2) was a dacoity case in which committal order was set aside, which resulted in delay of disposal of Sessions case. THE accused, therefore, applied for grant of bail on account of delay caused due to setting aside of the committal order. It was held that the accused was not responsible for setting aside of committal order. His bail application was therefore, accepted.