JAWAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE second bail application was only dismissed by this Court on March 2, 1989. The first bail application was dismissed as far back as on March 14, 1988. Thus, the second bail application was filed after almost a year of the dismissal of the first bail application.

(2.) THE third bail application has been filed on the ground that the prosecution evidence has not concluded. Earlier an application under Section 319, Cr.P.C. was filed on the basis of the statement recorded in the trial court to take cognizance of offences mainly against four accused persons against whom the Police earlier had not filed charge -sheet and charge -sheet was filed only against two accused persons including the petitioner. It was given out that investigation in respect of other four accused persons is going on.

(3.) THERE cannot be any dispute and Mr. Rathore, counsel for the complainant who is assisting the Public Prosecutor does not dispute that the case against the two accused persons is similar to the case of those against Whom charge -sheet has not been filed. This goes to show that out of six similarly situated persons two are in jail and four have not been arrested, because the Investigating Officer, for the reasons known to him, may be for a reason that investigation was going on, did not file any charge -sheet and mentioned in the report under Section 173 Cr.P.C. that the investigation was still going on against them.