S.I.JAFRI, J. - (1.) THIS is a bail application on behalf of the applicant who is accused under section 307/304 IPC.
(2.) HEARD the learned counsel for the applicant and also the learned counsel for the State.
(3.) I have perused the certified copy of the order sheet filed by the learned counsel for the applicant which goes to indicate that the accused was summoned from Jail on as many as 20 occasions just for the sake of committal after filing of the charge sheet but committal proceedings are yet to materialise. Quite often, this court has painfully noticed that committing Courts pay scant regard in the matter of committing the case to the court of sessions with despatch which results in avoidable delay in the speedy disposal of the cases and this, in the long run, visits upon the accused with prolonged incarceration in jail without trial. Under the circumstances, the continuance of the applicant in Jail is nothing but forcing incarceration upon him without trial The tragic aspect of this case is that the Magistrate concerned has treated this case with gross casualness. The Magistrate must realise that the accused persons who are in jail, have to be committed to the Court of Sessions as expeditiously as possible. In the instant case, keeping in view the facts and circumstances as enumerated supra, I feel that the gross delay in committing the case to the Court of Sessions has made the accused entitled for bail.;