In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Criminal Misc. Bail Application No.9953/2009 Prakash Vs. State of Rajasthan Date Of Order :: 9th February, 2010 Hon'ble Mr. Justice M.N. Bhandari Mr. Manoj Avasthi, for the petitioner. Mr. Amit Poonia, Public Prosecutor. ..........
Heard learned counsel for the parties and perused record of the case.
It is stated that co-accused have been acquitted, thus, petitioner may be granted bail.
Learned Public Prosecutor has opposed the bail application and submits that petitioner was absconding, thus trial has now been initiated against him. Material witnesses are yet to be examined in his case, thus, at this stage petitioner be not granted bail.
After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, looking to the facts of this case, I am of the view that the petitioner does not deserves to be enlarged on bail.
The bail application is accordingly dismissed. The trial court is directed to expedite the trial as petitioner is said to be behind bars since 17/11/2008 and if possible material witnesses may be examined first. Petitioner would be at liberty to file fresh bail application on recording the statements of material witnesses.
(M.N. Bhandari),J.
VS Shekhawat/-
Jr. P.A.
D5