GOPAL KRISHNA SHARMA,J. - (1.) THIS bail application has been presented under Section 438, Cr.PC.
(2.) ON 9th July, J986, Mr. S.N. Kumawat, Public Prosecutor appeared in the Court on behalf of the State Government. Hi was directed on that date by Justice Dave to call the case -diary in this case. Thereafter, the case was listed today. When today Mr. Kumawat, Public Prosecutor was asked to submit the case -diary, he replied that he has not received the same. This case was called at 11 a.m. When the case -diary was not produced by Mr. Kumawat Public Prosecutor, Mr. Shivraj Behari Mathur, Government Advocate was called. He was also apprised of the position as to how the orders of this Court are disobeyed and flouted by the Public Prosecutors. 1 also directed him to call the Advocate General, if he was available. Mr. Mathur desired that 10 minutes time be given to him, so that, he might call the Advocate General, I then kept the file and asked Mr. Mathur why 10 minutes, but, time was given to him upto 4 p.m. The whole idea was to call the Advocate General and bring it to his notice as to what is going on in the Office of Government Advocates and further as to what extent the orders of this Court are flouted.
(3.) THIS is not one instance, but, I am in knowledge of so many cases in which (he Public Prosecutors were asked to produce the case diaries, but, in spite of granting so many adjournments, the case -diaries were never put up before the Court. This indicates that the Public Prosecutors who appear on behalf of the State Government, do not want that the Court should do justice here. Inspite of granting time on so many occasions, they used to hold the case -diaries with them and do not permit the Court to see it. It means that their intention is that the Court should not do and impart justice.;