Rajasthan High Court - Jaipur
Rameshwar Lal @ Ramesh vs . State Of Rajasthan on 15 February, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 4th Bail Application No.652/2016 Rameshwar Lal @ Ramesh vs. State of Rajasthan Date of Order: 15th February, 2016 HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Ms. Rashmi Jain, for the appellants.
Mr. Alladdeen Khan, PP for the State.
The present fourth bail application has been filed primarily on the ground that in spite of the directions issued by this Court on 29.5.2015, the trial Judge has not concluded the trial within the stipulated period. The order dated 29.5.2015, whereby the third bail application was dismissed reads as under:-
Present third bail application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 78/2013, registered at police station Vijay Nagar, District Ajmer, for the offence under Sections 8/25 of NDPS Act.
Mr. Gurvinder Singh, the learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. The learned counsel for the petitioner further submitted that the petitioner is not the registered owner of the vehicle, but the investigating agency has held the petitioner to be the owner of the vehicle on the basis of an agreement to sell. The learned counsel further submitted that the petitioner is in custody since 6.10.2013.
Considering that the commercial quantity was recovered, no ground is made to grant bail to the petitioner.
Consequently, the present third bail application being devoid of merit is dismissed.
However, considering the long detention of the petitioner, a direction is issued to the trial court to conclude the trial within a period of six months from the date of receipt of certified copy of this order. The learned counsel for the petitioner undertakes to furnish a copy of this order before the trial court.
This Court on 25.1.2016 had sought comments of the trial Judge. I have perused the comments of the trial Judge, but this Court is highly dissatisfied with the comments made by the trial Judge. He had made no earnest effort to comply with the order passed by this Court and has not concluded the trial. This Court may have taken the trial Judge to the task for disobedience of its order, but considering that he had assumed charge only on 9.10.2015, the present petition is disposed of with the direction to the trial court to proceed with the trial on day to day basis and conclude the same within a period of one month.
A further direction is issued to the Superintendent of Police, Ajmer to ensure that all witnesses are produced before the trial court on each and every date fixed. A further direction is issued to the Public Prosecutor who is conducting cases in the court of Additional Sessions Judge No.1, Beawar to positively examine the witnesses.
Mr. Alladdeen Khan, the learned Public Prosecutor is directed to serve a copy of this order upon Superintendent of Police, Ajmer and Public Prosecutor who conduct cases in the court Additional Sessions Judge No.1, Beawar.
Dy. Registrar (Judicial) is directed to convey this order to the trial Judge.
The learned counsel for the petitioner also undertakes to produce a certified copy of this order before the trial court.
A copy of this order, under the seal and signatures of the Court Master be handed over to Mr. Alladden Khan, the learned Public Prosecutor for onward transmission and necessary compliance.
(KANWALJIT SINGH AHLUWALIA), J.
Mak/-2
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Anil Makawana P.A