HAR KISHAN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -The petitioners are facing trial in Sessions Case No. 2/95 alongwith other co-accused in the court of Sessions Judge, Dausa Camp Bandi Kui for various offences including Sec. 302 IPC. Other co-accused are on hail, On Sept. 19, 1996 while dismissing bail application, the following direction was given by this Court:

(2.) Order-sheets after 19.2.96 have been produced before me for perusal and it shows that since then only three witnesses namely Ganga Bux, Mali Ram and Bhanwar Lal have been examined in the last 14 months. For the remaining witnesses, it is not clear as to why they have not been produced by the prosecuting agency. The petitioners are in jail since 21.7.94 or so i.e. since last 40 months or so.

(3.) It is no doubt true that the petitioners and other co- accused are facing trial in double murder case, but it is also the duty of the prosecuting agency to see that the prosecution witnesses are produced and examined without any delay. After all, an accused cannot be kept in custody for indefinite period. From the order-sheets it does not appear that any interest has been taken by the prosecuting agency or any effective steps have been taken for procuring attendance of the prosecution witnesses.