HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 9930/2021
1. Sitaram S/o Harji, Aged About 26 Years, R/o Ghati Police
Station, Malpura, Distt. Tonk, Raj. (At Present Confined At
Distt. Jail Tonk).
2. Ramniwas @ Kalyo S/o Devaram @ Paglyo, Aged About
27 Years, R/o Ghati, Police Station, Malpura, Distt. Tonk,
At Present Tan Dhanota Police Station Malpura, Distt.
Tonk, Raj. (At Present Confined At Distt. Jail Tonk).
----Petitioners
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. S.S. Hasan, through VC. For Respondent(s) : Mr. M.S. Saini, P.P.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 02/07/2021
1. The present third bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.138/2016 Registered at Police Station Duni District Tonk for the offence(s) under Sections 460, 392/34 & 302/34 of IPC (in FIR) and under Sections 302, 460, 392 & 34 of IPC (in Order).
2. Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter and the petitioners are behind the bars for last about five years. Counsel further submits that out of 23 witnesses only 15 witnesses have been examined and the trial is not proceeding, due to ongoing Pandemic COVID-
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(2 of 2) [CRLMB-9930/2021]
3. Counsel further relied upon the judgment passed by the Hon'ble Supreme Court in the matter of 'Zahur Haider Zaidi Vs. Central Bureau of Investigation' reported (2019)20 SCC 404 where in para 2 it has been held as under:-
"2. Our attention has been drawn to the allegations against the accused-appellant and that he is in custody for the last 19 months. Though the accused-appellant is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time."
4. Learned Public Prosecutor has opposed the bail application.
5. Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the case and also considering the fact that the trial is not proceeding, due to ongoing Pandemic COVID-19, and without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.
(INDERJEET SINGH),J MG/53 (Downloaded on 02/07/2021 at 09:30:27 PM) Powered by TCPDF (www.tcpdf.org)