ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

(2.) The petitioner has been arrested in connection with FIR No. 221/2018 of Police Station Ratanada, Jodhpur for the offences punishable under Ss. 394/34 I.P.C. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that learned Sessions Judge, Jodhpur Metro, Jodhpur has grossly erred in rejecting the bail application of the petitioner without considering the ground that trial against the petitioner has not been concluded within a period of 60 days from the first date fixed for taking evidence in the case. Learned counsel for the petitioner has submitted that as a matter of fact in the trial against the petitioner, the trial court summoned first prosecution witness for recording his statement on 19/9/2018 and after the first date fixed for taking evidence, the trial is not concluded against the petitioner within a period of 60 days and, therefore, the petitioner is entitled to be released on bail as per the provisions of Sub- Sec. (6) of Sec. 437 Cr.P.C. It is argued that till date only six prosecution witnesses have been examined out of 11 prosecution witnesses and there is no likelihood that the trial against the petitioner would be concluded in near future, therefore, the petitioner may be released on bail while granting benefit of provisions of Sub-sec. (6) of Sec. 437 cr.P.C.