The High Court dismissed the fifth bail application. While observing the trial is nearing its end, the Court directed the trial court to conclude proceedings within three months due to inordinate delay despite the petitioner's extended custody.
Trial court directed to conduct proceedings daily and conclude trial within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Fifth Bail No. 1486/2019
Sunil @ Kalu @ Bhanu Gehlot S/o Shri Babulal Gehlot, Aged About 21 Years, By Caste Mali, R/o Rathodi Kuwa, Tehsil Nagaur And District Nagaur (Raj.)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr.Rajesh Panwar For Respondent(s) : Mr.N.S. Bhati, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
05/04/2019
The fourth bail application filed on behalf of the petitioner was rejected by this Court by order dated 26.02.2018 directing the trial court to expedite the trial.
After the said direction, 15 more witnesses have been examined at the trial. By this day, out of the total 44 enlisted witnesses, 38 witnesses have been examined.
In this background, at this fag end of the trial, this Court is not inclined to appreciate the evidence and make any observations thereupon, lest such observations prejudice the trial. However, considering the fact that the applicant is in custody for the last more than five and a half years, the trial court is directed to conduct the proceedings on day to day basis and shall conclude the trial positively within next three months from the next date fixed by it.
With these observations and directions, the instant fifth bail application is dismissed. Copy of this order be transmitted to the trial court forthwith.
(SANDEEP MEHTA),J
21-1/- Sudhir Asopa
1 issue framed by the court
Whether bail should be granted to the petitioner in the final stages of trial considering his custody period.
Sunil @ Kalu @ Bhanu Gehlot
State
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
