- (1.) Leave granted.
(2.) This appeal under Article 136 of the Constitution Of India, 1950 has been filed against the impugned judgment and order dated 27.4.2006 of the Patna High Court by which the appellant's application for bail has been dismissed, but with the following observations: "Since the petitioner has actually remained in custody in connection with the present case for about 5 years and 7 months as per submission on behalf of petitioner, hence, considering the spirit of the last order of the Apex Court dated 3.10.05, the trial court is directed to hold trial at least for about three days in a week on an average so that the examination of prosecution witnesses may be concluded without any delay preferably within three months. Thereafter, the court shall ask the defence to submit the list of its wi5tnesses and make efforts to conclude the trial expeditiously, preferably within six months. If the trial cannot conclude within the aforesaid period of six months from today, the petitioner would be at liberty to renew his pray for bail. With this observation, this application for bail is dismissed at this stage."
(3.) The appellant is an accused in a case under Sections 302/34/120B Indian Penal Code, 1860 read with Section 27 of the Arms Act, 1959. The appellant's bail application had been rejected earlier on several occasions by the High Court as well as by this Court. The last order of this Court dated 3.10.2005 states as under: "Having heard the learned senior counsel appearing for the petitioner, we are of the opinion that the application for bail may not be entertained at this stage. The special leave petition is dismissed. However, we would request the learned Sessions Judge to expedite the trial. If the trial is not completed within a period of six months from today, it would be open to the petitioner to renew the bail application. Learned Sessions Judge may consider the desirability of directing the CBI to examine the important witnesses at an early date and preferably within a period of four months.";