The High Court of Rajasthan dismissed a third bail application by Hemraj, a long-term under-trial prisoner. The court refused bail despite commitments of expedited trial, directing the trial court to conclude it within four months.
Petitioner's bail application dismissed; trial court directed to conclude trial within four months.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Cr Misc Third Bail Appl No. 1733/2012 Hemraj @ Rangeela versus State of Rajasthan 10.5.2012
HON'BLE MR. JUSTICE MN BHANDARI
Mr MI Beg – for petitioner
Mr NR Saran, PP – for the State
BY THE COURT:
Heard learned counsel for the parties and perused the
record of the case.
Learned counsel for the petitioner submits that second bail application was withdrawn and now third bail application has been filed on recording statements of few witnesses. Petitioner is behind the bars for last 15 months and trial may take time thus he may be released on bail.
On the other hand, learned Public Prosecutor has opposed the bail application. He submits that petitioner has been convicted in few cases and matter are pending against him for offence under
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the provisions of NDPS Act and IPC etc thus he may not be granted benefit of bail.
After considering rival submissions of the parties, without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to the petitioner. Hence, same is dismissed. Trial court is however directed to expedite the trial and, if possible, to conclude the same within a period of four months from the date of receipt of copy of this order. This is in view of the fact that petitioner is behind the bars for last 15 months and drugs less than commercial quantity have been recovered from him.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
1 issue framed by the court
Whether bail should be granted to a petitioner who is in custody for 15 months facing trials under NDPS Act and IPC.
Hemraj @ Rangeela
State of Rajasthan
MN Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
