BHAG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been filed under sec. 498 Criminal Procedure Code by Bhag Singh, Bood Singh and Jagga Singh who have been cha-llaned in the Court of the Munsiff Magistrate, Tijara under sec. 307 Indian Penal Code along with five other persons out of whom four have been released on bail.

(2.) THE main ground, which has been pressed before this Court by learned counsel for the petitioners, is that the challan was put up before the court on 1st June, 1967, but the prosecution did not produce the witnesses to complete the enquiry in the committing court. It is urged that the prosecution witnesses in this case are all accused persons in a cross case and they have been enlarged on bail, two out of them are absconding and they are interested in delaying the completion of the enquiry in the committing court and therefore inspite of the undertaking given by the Public Prosecutor to produce all the witnesses on 11th November, 1967, only two witnesses could be examined by now. In these circumstances, it is urged that the petitioners should also be enlarged on bail and should not be kept behind the bar.