HARIYA @ HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for State and also perused the material on record.

(2.) Learned counsel for the petitioner has submitted that there is no overt act assigned to the petitioner for causing fatal injury to the deceased. He has further submitted that the main allegation of causing fire arm injury to the deceased Ramveer is against co-accused Vibhuti @ Raj Bahadur and Ram Varan. He has also submitted that the petitioner was arrested on 17.03.2007 and the challan has come to be filed on 30.03.2007. According to the learned counsel for the petitioner the trial against the co-accused has been concluded vide Judgment dated 12.09.2003. Thereafter, an appeal against the aforementioned judgment has been filed before this Court as D.B. Cr. Appeal No. 1323/ 2003 and the record of the trial Court has been summoned in the said appeal. Learned counsel for the petitioner, therefore, has submitted that the trial in this case is likely to take some time.

(3.) Learned Public Prosecutor has opposed the bail application and submitted that the petitioner remained absconded for all this time.