OMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN normal circumstances bail could not have been granted in this case but the direction of the Court have repeatedly been flouted by the prosecution and the trial has not yet come to a conclusion despite the fact that accused has been in jail since November 25, 1985. More than two and a half year's period is sufficiently a long period to detain a person in custody without adjudicating his guilt much less when directions are issued by the Court. It is all the more when the accused is being tried for an offence triable by a Magistrate who is supposed to complete the trial within stipulated period of else accused has otherwise right to be considered for bail under the provisions of Sec. 437 (6) Cr. P. C. I had sought for the explanation of the learned Addl. Chief Judl. Magistrate, No. 4, Jaipur City, Jaipur and wanted to know the reasons as to why the trial is not completed despite lapse of such a long period and so also the information from the Public Prosecutor. A letter was also addressed in this respect on 9. 8. 88 but it is regret-able that no answer has been received so far. IN this eventuality and in view of the fact that five co-accused are already on bail and that the trial has not been speedily conducted, I have no option but to accept this bail application. I am fortified in my conclusion with the decisions of this Court in 1987 R. L. R. (1) 716, 1987 R. L. R. (1) 34 and 39, 1986 R. L. W. 566 and 665 and 1988 R. C. C. 323.

(2.) CONSEQUENTLY, the bail application is allowed. Accused-petitioner Omveer shall be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand) with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appear before that court as and when required during the pendency of trial against him in this case. .