The criminal miscellaneous court considered a bail application where the accused-assbani argued that trial delays justified bail. The court dismissed the bail plea without evaluating merits but directed the trial court to conclude proceedings within six weeks.
Bail application dismissed. Trial court directed to conclude trial within six weeks.
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II Bail Application – 15059/2015
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Cr. Misc. II Bail Application No.15059/2015 (Om Prakash Dhanwani Vs. Union of India)
Date of Order : 05th February, 2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.VR Bajwa, for the accused-applicant. Mr.Sarvesh Jain, for the respondent UOI.
By the Court:
Heard learned counsel for the accused-applicant as
well as the learned counsel for the respondent and perused the record of the case.
Learned counsel submits that accused-applicant is behind bars since 09th May, 2015 and trial is likely to take time, thus he may be enlarged on bail.
Learned counsel for the Union of India has opposed this bail application and submits that in other cases having similar controversy, bail has not been granted to the accused and otherwise, trial is at the fag end, as only few witnesses remain to be examined now, thus trial would be concluded at the earliest.
After considering the rival submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, which may otherwise affect outcome of the trial but looking to the facts available on record, I am not inclined to accept this bail application and accordingly, the same is
II Bail Application – 15059/2015
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dismissed.
However, the trial court is directed to conclude the trial and, if possible, then within a period of six weeks from the date of receipt of copy of this order and the Prosecution is directed to cooperate with the trial Court for it. If for any just and proper reason, trial is not concluded within the period given above then also the trial Court would conclude it at the earliest.
(M.N. BHANDARI),J.
S/No.28 Preeti, PA All cor r ect ion s m ade in t h e j u dgm en t / or der h ave been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet i Asopa P.A.
2 issues framed by the court
Whether the bail of the accused-applicant should be enlarged considering the delay in trial.
Whether the trial court should be directed to conclude the trial within six weeks.
1 provisions across 1 enactments
Om Prakash Dhanwani
Union of India
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
