M.N. Bhandari, J. - (1.) AFTER dismissal or eighth bail application, petitioner preferred Special Leave Petition before the Hon'ble Apex Court which was decided on 23.01.2012. Therein, liberty was given to the petitioner to make petition before appropriate forum after four months for grant of bail. Learned counsel for petitioner submits that despite the order of this Court, trial has not yet been concluded though matter was heard finally in part and thereupon deferred for calling "Rojnamcha". The matter is yet pending before the trial Court and is likely to take time for final hearing in view of subsequent development and order passed. Petitioner has filed this bail application pursuant to the liberty given by the Hon'ble Supreme Court. Petitioner is behind bars since 03.01.2006 i.e. for seven years. The cause of death of the deceased is by septicemia also. My attention is also drawn towards Rules 42 and 43 of the General Rules (Criminal), 1980 and on the judgment of this Court in the case of "Arjun Singh @ Bhanwar Singh versus State of Rajasthan", reported in CrLR (Rajasthan) 1988 page 476. In view of aforesaid, petitioner may be granted bail.
(2.) ON the other hand, learned Public Prosecutor has opposed the bail application. I have considered the submissions of learned counsel for the parties and perused the record. It is ninth bail application by the petitioner. The trial Court was directed to conclude the trial expeditiously, however, trial is not concluded even by now. Reference of the judgment of this Court has been given by learned counsel for petitioner. Therein, seventh bail was ranted on not following rule 43 of General Rules (Criminal) 1980 so also directions of the High Court to conclude the trial expeditiously. Same is the position in the present case thus I am inclined to grant bail to the petitioner who is behind bars for last seven years. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, the bail application is allowed. It is ordered that petitioner Kanhaiya Lal Gurjar may be released on bail under Section 439 CrPC in FIR No. 415/2005, registered at Police Station - Kotwali, Jaipur for offence under Section/s 147, 148, 149, 332, 353, 307 and 302 IPC provided he furnishes a personal bond in the sum of Rs. 40,000/ - together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.;