Shankar Lal Vs. the State of Rajasthan

criminal procedure code - section 439-bail--incident on 31.7.1994--accused arrested on 20.8.1994--challan filed on 15.11.1994--case not committed to sessions court for want of report on blood stained clothes and dagger--held, it will be just and proper to release accused on bail.;the alleged occurrence took place on the night of 31st july 1994;the petitioner was arrested on 20.8.94 the police after completing investigation;filed challan in the court of learned civil judge (jr. div.) cum judicial magistrate; kherwada on 15.11.94 but he has not committed this case so far to the court of learned secesion judge, udaipur for want of the f.s.l report in respect of the blood stained clothes of the deceased and a dagger, alleged to have been recovered at the instance of the petitioner.;it will be just and proper to grant bail to the petitioner.;bail granted - - 5. before parting with this order,i would like to mention that it has come to the notice of this court that various judicial magistrates are not committing the cases to the session judges concerned for want of the report of the state f......just and proper to grant bail to the petitioner.4. accordingly, this bail petition is allowed and it is ordered that petitioner shankerlal be released on bail provided he executes his personal bond in the sum of rs. twenty thousand and furnishes two sound and substantial sureties in the sum of rs. ten thousand each to the satisfaction of the learned civil judge (jr.div) cum judicial magistrate,kherwada, for his personal appearance before him or before the court,where the case arising out of crime no. 225/94.p.s. rishabdev is committed,on each and every date of hearing till the completion of the trial.5. before parting with this order,i would like to mention that it has come to the notice of this court that various judicial magistrates are not committing the cases to the session judges concerned for want of the report of the state f.s.l. it is common experience that state f.s.l. which caters the need of the courts throughout the whole of the rajasthan as also various departments,takes considerable long time to give its report after chemical,microscopic,ballistic and various other examinations,as is required in a particular case. this is not at all a valid,reasonable and subfficient ground for not committing the cases to the sessions judges concerned. this practice of not committing the case for want of the report of the stated f.s.l. is against the provisions of the criminal procedure code,which delays the trial of the sessions cases and results in unnecessary detention of the accused persons in jails,such practice has to be discouraged.6. the learned civil judge (jr.div.) cum judicial magistrate,kherwada is directed to expeditiously commit the case to the learned sessions judge,udaipur who will commence the trial without waiting for the report of the state f.s.l. in this case. a copy of this order be also sent to all sessions judges/addl. sessions judges for information and guidance.