LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is 5th application for bail. The main ground is delay in the trial of the case. This application was filed as far back as on 15 -3 -89 and since then, the case has been adjourned thrice. One witness of the prosecution Shri Kalyan Mal, Add). S.P. has to be examined and the prosecution has been taking time again and again for the examination of this witness for one reason or the other. Sufficient opportunities were already granted to the prosecution to examine this witness, but those opportunities have not been availed. The trial started on 12 -5 -87.

(2.) THE first application was dismissed on merits and the second application was dismissed on 12 -2 -88 with a direction that the learned Public Prosecutor should see that all the witnesses are examined without delay. Then again on 21 -9 -88, the third application for bail was rejected with a similar direction. So also was the case when the 4th application was dismissed on 19 -1 -89. In these circumstances, it clearly appears that the prosecution has not taken proper care to expedite the trial and to finish the case. In these circumstances, I am of the opinion that the petitioner should be enlarged on bail.