AYUB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS fourth bail application, under Section 439 Cr. P. C. in FIR No. 96/06 registered at Police Station kishangarh bas (Alwar) for the offence under Sections 302, 307, 394, 147, 148, 149 and 452 IPC, has been filed by the accused-petitioner. After investigation charge-sheet has been filed and trial is in progress before the additional Sessions Judge (Fast Track)Kishangarh bas (Alwar) in Sessions Case no. 55/06.

(2.) HEARD learned counsel for the accused-petitioner, learned Public Prosecutor for the state and perused the material available on record and placed during the course of arguments.

(3.) IT was, inter alia, contended that accused-petitioner is languishing in judicial custody since last about 25 months, and trial is strolled since two persons, who have been arrayed as accused invoking the provisions under Section 319 Cr. P. C. , could not be summoned till now. It was also contended that while rejecting the third bail application this court had directed the trial Court to complete trial against accused-petitioner expe-ditiously and if the co-accused persons could not be apprehended, then his trial be separated, but after elapse of about four months the trial Court has not taken any step in compliance of that order. It was then submitted that even according to the prosecution case, three persons-namely Aamin, mehmood and accused-petitioner Ayub were assigned injuries on head of the deceased-Noor Mohammad, whereas according to Dr. Phool Singh Choudhary, PW5, only one head injury was found and from the evidence of Dr. Choudhary it was also proved that accused-petitioner Ayub also sustained three grievous injuries including on his vi-tal part neck, by sharp edged weapon, while the deceased had sustained only one injury of haematoma with a linear fracture, and no other injury was found on any part of the body and according to the doctor, the deceased-Noor Mohammad was a patient of tuberculosis, which normally weaken the bones. It was also contended that in the cross case, police has filed challan and the complainant-party is also facing trial for offence under Section 307 IPC. It was then contended that accused-petitioner has a right of speedy trial whereas after summoning other two co-accused persons, the trial will start afresh. Reliance has been placed on Ram Niwas v. State of Rajasthan1; Sita ram v. State of Rajasthan2; Suresh Kumar and Anr. v. State of Rajasthan3; Bhanwar singh v. State of Rajasthan4 and K. K. Tiwari v. S. P. , CBI, Rajasthan and Anr. 5