- (1.)Extinction of one's liberty amounts to crucifixion of one's soul. Because of this feeling a noble soul had demanded "Give me liberty or give me death". It is a cherished ideal that echoes the inner desire of every human soul. No one would like to barter it for the entire wealth of the world. The cause of liberty is treated as the cause of the creator. One's freedom, may be that of an accused or a convict can be curtailed in accordance with the terms of procedure established by 'law' but how long that curtailment should continue as far as an accused is concerned is the seminal question that arises for consideration in this application for obtaining concession of bail-third attempt by the petitioner who has been arraigned as an accused in Crime No. 21/97 instituted for offences punishable under Sections 302, 147 and 148/149 of the Indian Penal Code (in short 'IPC'). The singular contention is that the delay in disposal of the trial in S.T. No. 86/97 entitles the petitioner to be enlarged on bail, moreso, when this Court had issued directions for disposal of the trial by specified period and had granted him leave to renew the prayer for bail in case the trial is not completed within the stipulated time.
(2.)The essential facts : The petitioner along with 7 others has been arraigned as accused in respect of offences punishable as mentioned above and is facing trial in S.T. No. 86/97 pending in the Court of learned First Additional Sessions Judge, Satna. The petitioner had approached this Court in Misc. Cr. Case No. 2757/97. This Court while declining to admit the petitioner to bail passed a direction to the learned trial Judge to expedite the trial. As there was not much progress in the trial the petitioner agitated his grievance again and sought to be enlarged on bail in M. Cr. C. No. 509/98 but the said prayer was rejected by order dated 23-1-1998. However, this Court directed the trial should be disposed of as expeditiously as possible preferably by end of May, 1998. This Court also recorded the assurance of the learned Government Advocate who had stated that the prosecution would produce the witnesses on the dates fixed for hearing and would not seek unnecessary adjournments.
(3.)During the pendency of the trial an application was filed by the accused/petitioner before the trial Court stating that a counter case which was pending in the said Court should be tried and disposed of along with S.T. No. 86/97. The aforesaid prayer of the petitioner was accepted by the trial Court as is revealed from the order dated 7-4-1998. While passing the aforesaid order the trial Court had posted the matter to 6-6-1998. As the date was fixed beyond the time stipulated by this Court, the petitioner had approached this Court for being released on bail on the ground there has not been progress in the trial.