SADIQUE Vs. STATE OF RAJ

JUDGEMENT

(1.) The first bail application of the petitioner was rejected by this Court on 24.2.95 observing that the petitioner shall be at liberty to file fresh bail application after the receipt of the F.S.L. report and recording of the statement of Balbir Singh by the learned trial Judge. The second bail application was again rejected with the expectation that the statement of Balbir Singh will be recorded by the Sessions Judge expeditiously. The matter came up on 3rd bail application before this Court on 15.4.96 and this Court adjourned the case as it was informed by learned counsel for the petitioner that Balbir Singh has not been examined and the matter is listed before the trial Court for his evidence on 30.4.96. It is now informed by learned counsel for the petitioner that Balbir Singh has not been examined on 30.4.96. This is not contradicted by the learned Public Prosecutor. It appears from the record that the accused- petitioner is in custody for more than three years. Under the circumstances, I feel inclined to accept the bail application.

(2.) Accordingly, the 3rd bail application is allowed. It is directed that the accused-petitioner Sadique S/o Hakim shall be released on bail provided he executes a personal bond in the sum of Rs. 20,000.00 and furnishes two sureties for a sum of Rs. 10,000.00 each to the satisfaction of the learned Sessions Judge, Merta for his appearance before the trial Court as and when required, if not wanted in any other case. Bail Application Allowed.