ABDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second bail application filed by the petitioner. The first bail was rejected on 12. 2. 1988 by a detailed order.

(2.) THE petitioner is facing trial for the offence under Section 20 (II), 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act, 1985 ).

(3.) FROM the facts and circumstances it cannot be said that the trial has been deliberately delayed on account of lethargy of the prosecution. Merely because there has been delayed in trial of the case it does not lead to the conclusion that in every such case, the accused-petitioner becomes entitled to be released on bail after passing one year from the date of arrest as has been urged by the learned counsel for the petitioner. The circumstances on account of which there has been some delay in the trial have been fully explained and justified by the learned counsel for the prosecution. When question of delay in trial arises in a particular case, every such case has to be dealt with on the facts and circumstance pertaining to that matter So many questions arise for consideration in this connection. It has to be considered whether the delay was inevitable in the peculiar circumstances of the case. Whether the delay has been caused deliberately by the prosecution and whether the prosecution is proceeding with the trial of the case in lethargic and non-serious way. It will be also necessary to see whether the delay has been caused by some undesirable, tactics adopted by the defence. Some times it may be beyond the control of prosecution to proceed as expeditiously with the trial as may be desirable keeping in view the restrains placed on the liberty of the accused. Apart from all this it will be also necessary to see whether, keeping in view all the facts and circumstances of the case pointed out, the delay was sufficient to enlarge the accused on bail. It can be said all these questions ultimately revolve around the question whether the trial is proceedings in fair and proper manner which is also the absence of principles of natural justice.