The high court dismissed a criminal bail application citing that the petitioner had been in custody since May 2021 with 17 of 25 witnesses examined. The court directed the trial court to conclude the trial within six months.
Directions issued to the trial court to conclude the trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:721]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9289/2023
Sirajul S/o Shri Mojibur, R/o Taliya-Ii, Police Station Golokganj, District Dubri (Asam) (At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Babu Lal Nasuna, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
05/01/2024
Learned counsel for the petitioner submits that petitioner is in custody since 04.05.2021. He further submits that 17 witnesses have already been examined out of total 25 cited witnesses. He submits that he would be satisfied, if learned trial court is directed to conclude the trial within a time bound period.
Considering the aforesaid submissions, this criminal misc. bail application is dismissed.
However, the learned trial court is directed to make all the endeavour to conclude the trial within a period of six months from the date of receipt of certified copy of this order.
(ANIL KUMAR UPMAN),J
48-Nirmala
3 issues framed by the court
Whether bail is maintainable when trial has stalled beyond a reasonable period despite extensive witness examination.
Whether the delay in concluding the trial warrants grant of bail under extraordinary circumstances.
How urgent directions should be issued to the trial court to accelerate the pending trial proceedings.
Sirajul S/o Shri Mojibur
State Of Rajasthan
ANIL KUMAR UPMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
