Bail application rejected; trial court directed to conduct separate trial on day-to-day basis and conclude trial within four months.
Direction to trial court to conduct separate trial and conclude within four months.
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[2024:RJ-JD:24328]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 772/2024
Imtiyaz Ahmed S/o Riyaz Ahmed, Aged About 24 Years, R/o Holi Chowk, Prithvaiganj, P.s. Kotwali Banswara, Dist. Banswara (Raj.)
(At Present Lodged In Dist. Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. R.K. Charan |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi, PP with |
| Ms. Kamla Goswami | |
| Mr. Rahul Rajpurohit for the | |
| complainant |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/05/2024
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.414/2017 registered at Police Station Kotwali Banswara, District Banswara for the offences punishable under Sections 302/120-B in alternate Sections 302, 307, 392/34 of IPC and 3/25 of Arms Act.
The first bail application was dismissed by this Court vide order dated 13.04.2022.
Learned counsel for the petitioner submits that the petitioner is inside the jail since 14.03.2018 and up to this time, out of 47 cited witnesses, only 11 prosecution witnesses have been examined before the trial court and the trial is going on at snail
[CRLMB-772/2024]
[2024:RJ-JD:24328]
(2 of 2)
speed. Counsel further prays that a direction may be issued to the trial court to conclude the trial as soon as possible.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer made by counsel for the petitioner.
I have considered the arguments advanced before me and gone through the material available on record.
Since the petitioner is inside the jail since 14.03.2018. In these circumstances, the trial court is directed to conduct a separate trial in respect of the present petitioner and take the present case on day to day basis and conclude the trial within a period of four months from receiving the certified copy of the order.
Hence, the second bail application filed on behalf of the petitioner is hereby rejected.
(MANOJ KUMAR GARG),J
68- Arjun /-
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in jail since 2018 after two applications were dismissed.
Whether the trial court should conduct a separate trial and conclude the trial within four months to address delays.
3 provisions across 3 enactments
Imtiyaz Ahmed
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
