Sunil Kumar @ Rajkumar vs State Of Rajasthan And Others

Dinesh Mehta, J

This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.238/2017, registered at Police Station Shastri Nagar, District Jodhpur (West), for the offences under sections 302/34 & 449 of the Indian Penal Code, 1860.

Learned counsel for the applicant argued that for the allegations of the offences under sections 302/34 & 449 of the Indian Penal Code, 1860, the applicant is facing incarceration and is behind the bars for more than six years and two months.

Learned counsel raised a grievance that out of the list of 32 witnesses, only 26 witnesses have been examined so far. He prayed that the applicant be enlarged on bail as his right of speedy trial is being infringed.

Learned Public Prosecutor vehemently opposed the applicant’s prayer by contending that the applicant is facing charge of murder under section 302 of the Indian Penal Code, 1860 and prayed that inspite of granting indulgence of bail, a direction be issued to the learned trial Court to conclude the trial expeditiously, particularly because all important witnesses have been examined and only formal witnesses remain to be examined.

Having heard learned counsel for the parties and upon perusal of the proceedings of the trial Court, this Court finds that for last 08 - 10 dates of hearing, the remaining witnesses are not turning up.

Hence, while expecting the trial Court to ensure the attendance of such witnesses (by issuing bailable warrant/arrest warrant as deemed expedient) the trial Court is directed to expedite the trial and conclude the same within a period of six months from today.

The present bail application stands disposed of.