RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is fifth bail application under Section 439, Cr. P.C. moved by Chuna Ram and Prakash in Sessions Case No. 9/96 pending in the Court of Additional Sessions Judge, Nagaur Camp, Deedwana for trial under Sections 302, 364, 365, 147 and 201, I.P.C. Ram Niwas accused has also moved his petition for the first time. Earlier the bail application was rejected on 11-4-97 and this application has been moved on the ground that the petitioners are behind the bars from 1-1-96 and the trial is taking a long time due to delay on the part of the prosecution. The prosecution has not even complied with the orders of this Court dated 5-8-96 in the revision petition filed on behalf of the petitioners and it has not supplied the statements of the witnesses viz. Magan Singh, Ugma Ram, Rawat Singh, Mohan Singh, Prahlad, Ram Narayan, Bhagu Ram, Dhan Raj, Sohan Kanwar etc. recorded during the course of investigation. Only 37 witnesses have been examined. There is no evidence against the accused persons for the alleged offences from the statements of the prosecution witnesses recorded so far. The other co-accused persons have been released on bail and the case of the petitioners do not stand on different footing. A specific allegation against Nimbuda, Prabhu Ram and Chuna Ram is that they forcibly caught Tej Singh and put him in the jeep. However, Nimbuda and Prabhu Ram have been released on bail.

(2.) Learned Public Prosecutor has opposed the bail application and argued that the prosecution is not responsible for any delay in the trial. The whole case depends on the circumstantial evidence and there are number of witnesses and the trial is taking its own time. It is submitted that there are serious allegations against the petitioners and witnesses have been examined by the prosecution to this effect.

(3.) I have anxiously considered the rival contentions. I have also perused the earlier bail orders by which the co-accused persons have been released on bail. I am of the view that in the overall facts and circumstances of this case and the release of other co-accused persons, the petitioners also deserve to be enlarged on bail.