High CourtsSingle Bench

Imtiyaz Ahmed vs State Of Rajasthan

Rajasthan High Court · Decided on 28 May 2024 · Citation: (2024) 05 RAJ CK 0187

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 302, 307, 392 · Arms Act, 1959 — Section 3, 25
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous II Bail Application No. 772 Of 2024
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Judgment

8 paragraphs · 239 words

Manoj Kumar Garg, J

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.414/2017 registered at Police Station Kotwali Banswara, District Banswara for the offences punishable under Sections 302/120-B in alternate Sections 302, 307, 392/34 of IPC and 3/25 of Arms Act.

The first bail application was dismissed by this Court vide order dated 13.04.2022.

Learned counsel for the petitioner submits that the petitioner is inside the jail since 14.03.2018 and up to this time, out of 47 cited witnesses, only 11 prosecution witnesses have been examined before the trial court and the trial is going on at snail speed. Counsel further prays that a direction may be issued to the trial court to conclude the trial as soon as possible.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer made by counsel for the petitioner.

I have considered the arguments advanced before me and gone through the material available on record.

Since the petitioner is inside the jail since 14.03.2018. In these circumstances, the trial court is directed to conduct a separate trial in respect of the present petitioner and take the present case on day to day basis and conclude the trial within a period of four months from receiving the certified copy of the order.

Hence, the second bail application filed on behalf of the petitioner is hereby rejected.