P.K. Lohra, J. - (1.) Accused-petitioner, an under-trial, languishing in jail for last more than eight years, has laid this second bail application under Section 439 Cr.P.C. The first bail application of the petitioner bearing No. 6764/17 was dismissed as not pressed on 10th of January 2017.
(2.) Bare necessary facts of the case are that pursuant to investigation into CR No. 310/09, lodged with Police Station Sadar, Barmer, for offences under Sections 5/9-B, 6/9-B of the Explosives Act 1884, 4, 5, 6 of the Explosive Substances Act 1908, 7/25(1) (D)(1-AA), 29 of the Arms Act, 3/10, 13, 18, 20 of the Unlawful Activities (Prevention) Act, 2008 and 153-A, 120-B of the IPC. Initially, five accused persons including petitioner were apprehended and subsequently ten other accused persons were also arrested. Upon completion of investigation, police submitted charge-sheet against all of them including the petitioner for aforesaid offences. Presently, petitioner alongwith other co-accused persons is facing trial in Sessions Case No. 04/2016 (37/2010), pending before Addl. Sessions Judge No. 2, Barmer (for short, learned trial Court').
(3.) Arguing on this second bail application, it is contended by learned Senior Counsel that petitioner was arrested on 13th of September 2009 and since then more than eight years have elapsed, therefore, considering his long incarceration, he is liable to be enlarged on bail. Learned Senior Counsel has further urged that so far during trial, out of 80 listed prosecution witnesses, only 51 have been examined, and therefore, conclusion of trial is not in offing in near future. Elaborating his submissions in this behalf, learned Senior Counsel contends that this second bail application requires objective consideration. Learned Senior Counsel has further argued that despite directions of the Court dated 13th of January 2015, issued while considering first bail application of co-accused Vikram Singh for expediting trial, trial is still proceeding at snail's pace is yet another plausible ground and material change in the circumstances for favourable consideration of the second bail application. While emphasizing long incarceration of petitioner for espousing his cause for grant of bail, learned Senior Counsel has placed reliance on a decision of Supreme Court in Hussain and Anr. v. Union of India [(2017) 5 SCC 702] . It is also argued by learned Senior Counsel that co-accused Jagmohan alias Rinku has been enlarged on bail by this Court by taking into consideration factum of long duration of incarceration during trial.;