BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The grievance of the petitioner accused in this case is that the trial could not be completed as after 3rd June, 1998 so far no further witness has been examined in this case due to one or the other reason, therefore, it was submitted that the accused be enlarged on bail as he is in jail since 13.3.97 i.e. more than one year and six months. It must be stated that as many as 7 witnesses have been examined and only six witnesses remain to be examined. It is true that the accused is in jail since last 1-1/2 year but that itself will not be a ground to release him on bail. However, this Court takes serious note of the matter that since June, 1998 the trial Court failed to examine witnesses though the case was adjourned from time to time due to non-availability of the witnesses. In a case where the accused is in jail it is the duty of the Court to see to it that the presence of the witnesses is secured at any cost for which the Court has to take harsh measures like issuing summons, bailable warrants and also non-bailable warrants againt the witnesses. It is hope and trust that the trial Court shall see to it that the remaining six witnesses are examined and the trial is over preferably by 31st December, 1998.

(2.) With these observations, this petition is disposed of at this stage.