ORDER
K.K. Varma, J.
1. Applicant by Shri B. R. Sharma, Advocate.
2. State by Shri C. S. Dixit, Dy. Government Advocate.
3. They are heard.
4. Applicant Shrikrishan alias Chukku was arrested on 31-1-1989. He and three others have been charge-sheeted Under Sections 302, 307 and 341/34, Indian Penal Code. The case came up before the Court of Session for the first time in August 1989. Admittedly, charges have not been framed in this case so far.
5. The Additional Sessions Judge trying the case had been clearly amiss in this case. It does not appear that the accused persons were without counsel on the dates they were not produced from the jail. If counsel are there, arguments on charge can be heard and charges can be framed Counsel appearing for the defence cannot lawfully refuse to argue the case on the question of framing of charge on the ground that their client has not been produced from jail.
6. It is apparent that the applicant has been in custody for about 19 months. The manner in which the case has been dragging on, there is very little prospect of an early conclusion of the trial. I, therefore, allow the bail application.
7. The applicant be released on a personal bond of five thousand rupees with two sureties in the like amount to the satisfaction of the C.J.M., Gwalior on the following conditions which shall be enforced very strictly by the learned trial Judge.
(i) The applicant shall report his attendance at P.S., Morar every 10 days, the first day being the day of his release from jail on bail;
(ii) the applicant shall not appear in public under influence of any drug or liquor;
(iii) the applicant shall not appear in public with any weapons or arms; and
(iv) filing of any application by the applicant’s counsel to the Court Under Section 317, Criminal Procedure Code in which no undertaking is given to conduct the case on behalf of the applicant in his absence shall be trated to be a default in appearance in the court.