RAJENDRA SAXENA, J. - (1.) HEARD
(2.) PERUSED the case diary. The petitioners have been arrested on 11. 9. 92 in F. I. R. case No. 343/91 Police Station Rajsamand for the offence u/ss. 302, 201 and 396 I. P. C. It is alleged that on 14. 9. 1992 petitioners Kashmir Singh and Dilawar Singh gave separate but identical informations under Section 27 of the Evidence Act and in pursuance thereof got an un-numbered truck recovered on 17. 9. 1992, from the workshop of Makhanlal, Truck Body Maker, Automobile Nagar, Jaipur. The engine and chesis number of the said truck tally with the engine and chesis numbers of alleged looted truck No. PCS 9021. It is alleged that Pitram @ Raju and Moolchand who, were the driver and Khalasi respectively of the said truck, were murdered and their truck containing axles was looted and sometimes in May, 1991 their dead bodies ware found buried near the national highway falling under the jurisdiction of Police Station, Rajsamand. However Makhanlal, Body Maker in his statement u/s. 161 Cr. P. C. and his assistant Moolchand have stated that the said truck was brought by one Omi, Driver who had asked for getting the truck painted in a different colour but later on he did not return. These witnesses have not stated anything against the present petitioners, nor their identification parade was conducted. Another circumstance against the petitioners is that one of the co-accused Babulal gave an information in July, 1992 to the Investigation Officer of F. I. R. case no. 65/91 Police Station, Mangliawas, district Ajmer, registered u/ss. 302, 201, 396, 412, 413, 364, 365 and 120 IPC and in pursuance thereof about 40 axles were recovered. Again in that case also the present petitioners were not put in test parade. In the case in hand an incomplete charge-sheet u/s. 173 (8) Cr. P. C. has been filed and thereafter, the case diary does not show any progress in the case. Thus, the petitioners are under detention since 11. 9. 92 and the further investigation in trial, the case is likely to take considerable time. Therefore, keeping in view all the facts and circumstances of this case, I allow this petition and order that petitioner No. 1 Dilawar Singh and no. 2 Kashmir Singh be released on bail provided each one of them executed his personal bond in the sum of Rs. 40,000/- (Rs. forty thousand) with two sound and substantial local sureties each to the satisfaction of the learned Sessions Judge, Rajsamand for his appearance before him in Sessions Case no. 46/93 on each and every date of hearing and whenever ordered to do so. .;