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Ranchhod Vs. State of Rajasthan

Ranchhod vs State of Rajasthan

Type Court Judgment Court Rajasthan Decided Feb 07, 1994
~1 min read
https://sooperkanoon.com/case/763577

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Cr. Misc. Bail Application under Section 439 Cr.P.C. in the matter of Sessions Case No. 45 of 1
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code - Section 148, 302/149 307/149, 326/149, 324/149, 323/149 and 452 and Criminal Procedure Code--Sec 439--Bail--Incident of 1988--Only 3 prosecution witnesses examined out of 23 witnesses--Held, trial court is directed to expedite trial & complete it within 4 months--Accused be released on bail if trial...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Ranchhod

Respondent

State of Rajasthan

Legal References

Reported In
1994(1)WLN221

Excerpt

penal code - section 148, 302/149 307/149, 326/149, 324/149, 323/149 and 452 and criminal procedure code--sec 439--bail--incident of 1988--only 3 prosecution witnesses examined out of 23 witnesses--held, trial court is directed to expedite trial & complete it within 4 months--accused be released on bail if trial is not completed within aforesaid period;even though the incident pertains to the year 1988, the trial has not proceeded with sufficient despatch, out of 23 witnesses, only three witnesses have been examined so far. learned trial judge is directed to take up the case with all expeditious and complete the trial within a period of four months from the date he receives, copy of this order.;if trial court is not completed within the aforesaid, period petitioner shall be enlarged on bail;order accordingly - - of the court below shall be under an obligation to secure the presence of the prosecution witnesses on the date/dates to be fixed by the trial court and the trial court shall not adjourn the case except for strong and compelling reasons. 10,000/. and a surety bond in a like sum to the satisfaction of learned trial court for appearance in his court on date/dates to be fixed by him.r.s. verma, j.1. it is a matter of great regret that even though the incident pertains to the year 1988, the trial has not proceeded with sufficient despatch, out of 23 witnesses, only three witnesses have been examined so far. learned trial judge is directed to take up the case with all expeditious and complete the trial within a period of four months from the date he receives, copy of this order. the learned p.p. of the court below shall be under an obligation to secure the presence of the prosecution witnesses on the date/dates to be fixed by the trial court and the trial court shall not adjourn the case except for strong and compelling reasons. if trial is not completed within the aforesaid period petitioner shall be enlarged on bail on furnishing a personal bond in a sum of rs. 10,000/. and a surety bond in a like sum to the satisfaction of learned trial court for appearance in his court on date/dates to be fixed by him. application for bail is disposed off accordingly.

Full Judgment

R.S. Verma, J.

1. It is a matter of great regret that even though the incident pertains to the year 1988, the trial has not proceeded with sufficient despatch, out of 23 witnesses, only three witnesses have been examined so far. Learned trial judge is directed to take up the case with all expeditious and complete the trial within a period of four months from the date he receives, copy of this order. The learned P.P. of the Court below shall be under an obligation to secure the presence of the prosecution witnesses on the date/dates to be fixed by the trial court and the trial court shall not adjourn the case except for strong and compelling reasons. If trial is not completed within the aforesaid period petitioner shall be enlarged on bail on furnishing a personal bond in a sum of Rs. 10,000/. and a surety bond in a like sum to the satisfaction of learned trial court for appearance in his court on date/dates to be fixed by him. Application for bail is disposed off accordingly.

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