OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Facing trial for offence under Section 302, 120-B IPC in Sessions Case No.14/2014, pending before Addl. Sessions Judge No.6, Jodhpur Metropolitan, accused-petitioner has laid this third bail application under Section 439 Cr.P.C., 1973 The aforementioned Sessions Case is arising out of CR No.248/14 of Police Station Pratap Nagar, Jodhpur.

(2.) The first bail application of the petitioner was dismissed on 25th of March, 2015 followed by second on 13th of November, 2017. While rejecting the second bail application, liberty was given to the petitioner for renewal of his prayer after recording statements of remaining three eye witnesses.

(3.) Arguing on this third bail application, it is contended by learned Senior Counsel that now statements of three eye witnesses have been recorded. It is also submitted by learned Senior Counsel that a cumulative reading of statements of these three witnesses clearly demonstrates that main assailant was Chaina Ram and there is no evidence of sterling worth to prima facie prove petitioner's conspiracy in commission of offence. It is also argued by learned Senior Counsel that petitioner was apprehended on 8th of July, 2014 and since then more than 4 years have passed, therefore, solely on account of prolonged custody of under-trial, his bail application merits favourable consideration. Learned Senior Counsel has also referred to the statements of PW3 Anand Prakash and PW4 Gopal Gurjar to highlight that their testimony too is not inculpatory vis-a-vis petitioner for proving the charge of criminal conspiracy. Lastly, learned Senior Counsel contends that so far during trial only 12 witnesses are examined and prosecution has cited 40 witnesses, therefore, conclusion of trial is likely to take considerable time.