Sitaram S/O Harji vs State Of Rajasthan
2021 Latest Caselaw 2566 Raj/2

         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-

19.

(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

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