MAHADEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD both the parties and perused the file.

(2.) IT is contended by Shri N.A. Naqvi, learned Counsel for the petitioner that earlier an application was filed by the petitioner from jail which was decided on 10 -7 -1989 by this Court In this order it was directed by this Court that since only Investigating Officer remains to be examined for whom several adjournments have been made, he should be examined without further delay and the trial should be completed within a period of two months from the date of the order. It is also pointed out by the learned Counsel that an application Under Section 311 Cr. PC was filed by the State for additional evidence which was dismissed on 20 -10 -1989 but still the trial has not been concluded. The petitioner is in jail since last about 42 months.

(3.) IN this case there is no such allegation that the petitioner has caused any delay during the course of trial. He has been languishing in jail since more than 3 years and still the trial is not complete. It is expected that when a person is in jail and his liberty has been curtailed for such a long period there should be no unnecessary delay in completing the trial Even though the evidence of the prosecution has been closed still the trial hanging fire only for hearing arguments and deciding the case which has not been done inspite of direction dated 10 -7 -1989 given by this Court. Instead of two months now about 4/1 -2 months have passed away.