The High Court dismissed a third bail application under Section 439 Cr.P.C. for a murder case, but directed the trial court to conclude the trial within four months on a day-to-day basis, citing the petitioner's long stay in judicial custody and slow trial progress.
No bail granted. Directed trial court to conclude trial within 4 months on day-to-day basis.
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[2024:RJ-JD:17130]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 3rd Bail Application No. 1525/2024
Mukesh S/o Shri Jeta Ram, Aged About 22 Years, R/o Mandukara, P.s. Khunkhuna, Dist. Nagaur (Raj.) (Presently Lodged At Dist. Jail, Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vipin Makkad For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/04/2024
The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.89/2020, Police Station Khatubadi, District Nagaur registered for the offences punishable under Sections 302, 365, 394 and 201 of the IPC.
The second bail application was dismissed as not pressed by this Court vide order dated 19.12.2022 with liberty to file afresh after recording the statement of motbir witnesses, viz., Surendra Singh and Vikram Singh.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 06.10.2020 and up to this time only 23 prosecution witnesses have been examined out of total 37 witnesses and the trial of the case is going on at a snail’s speed.
(2 of 2)
[2024:RJ-JD:17130]
[CRLMB-1525/2024]
Therefore, a direction may be issued to the trial Court to conclude the trial of the case as early as possible.
I have heard and considered the arguments advanced before me and perused the material available on record.
Looking to the fact that the petitioner is languishing in jail since 06.10.2020, therefore, the trial Court is directed to conclude the trial of the case within a period of four months after receiving the certified copy of this order. The trial Court is further directed to take this case on day-to-day basis and conclude the trial expeditiously.
Hence, the third bail application filed by the petitioner is hereby dismissed.
(MANOJ KUMAR GARG),J
109-Rashi/-
1 issue framed by the court
Whether the trial court should be directed to expedite the trial given the petitioner's prolonged incarceration?
2 provisions across 2 enactments
Mukesh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
