JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the third bail application filed on behalf of Jagdish and Kishori. Their two bail applications were dismissed by me on merits. Heard learned Counsel for the petitioners as well as the learned Public Prosecutor.

(2.) Learned Counsel for the petitioners submits that the petitioners are in custody for the last 33 months. He further submits that in spite of the order of this Court in second bail application the trial has been delayed for the simple reason that an application under Section 319 was submitted by the prosecution on 1-4-1998 and that has not been decided uptil now. He submits that the petitioners cannot be held responsible for the delay which has been caused by the prosecution. Reliance has been placed by the learned Counsel for the petitioners on the case of Ram Niwas v. State of Rajasthan. He submits that in this similar case the bail application was allowed when the accused was in custody for the last 21 months and there was no progress of trial took place inspite of directions given by the Court to expedite the trial. He further submits that the petitioner cannot be kept in custody for an indefinite period and the applicants-petitioners are entitled for bail only on this ground that the matter has been delayed for the last 33 months.

(3.) On the other hand the learned Public Prosecutor submits that the application under Section 319 will be argued by the learned Public Prosecutor of the Trial Court on the next date of hearing.