S. N. BHARGAVA, J. - (1.) THIS is second bail application filed on behalf of the two petitioners on the ground of violation of Article 21 of the Constitution of India.
(2.) FIR No. 86/87 was lodged at Police Station Bayana, on 15. 4. 1987 against the accused petitioners and other persons for offences u/s 147, 149 and 302 I. P. C. During the course of investigation, the accused petitioners were arrested on 27. 4. 1987, and since then, they are in custody. After completing the investigation, police submitted challan on 16th May, 1987 against the accused petitioners and 12- others while with regard to Dwarka Prasad, Om Prakash, Ved Prakash and Jinna, the police submitted final report. The complainant filed an application on 21. 5. 1987 before the Additional Munsif and Judicial Magistrate No. 1, Bayana, that challan should be filed against the accused person in respect of whom police had filed the final report. Learned Magistrate, by his order dated 2. 6. 1987 ordered that application dated 21. 5. 87 filed by the complainant may be treated as protest petition and should, be separately registered, and fixed 10th June, '87 for recording statements in that protest petition, and committed the case against the accused persons to the court of Sessions. The complaint, being aggrieved of this order of the Magistrate, dated 2-6-87 filed a revision petition in the court of Sessions Judge, Bharatpur, which was disposed of by the Additional Sessions Judge, No. 1, Bharatpur who vide his order dated 7. 10. 87 accepted the revision petition and directed the Magistrate to take cognizance against Dwarka Prasad and three others and comit the case to the court of Sessions. The accused persons were committed to Sessions where charge had already been framed on 2. 11. 1987 and the case was fixed for recording evidence on 4. 12. 1987. The accused petitioners had moved an application for grant of ball u/s 439 Cr. P. C. before the Additional Sessions Judge No. 1, Bharatpur but the same was rejected vide order dated 19. 9. 1987.
(3.) THE petitioners had also filed a bail application on 3. 10. 1987 before this Court which was rejected by a speaking order dated 20. 1. 1988. On a 'revision petition having been filed by the complainant on 11. 6. 1987, learned Additional Sessions Judge, Bharatpur, vide his order dated 7. 10. 87 took cognizance against some of the co-accused persons against whom the police had submitted final report and those co-accused persons have filed S. B. Cr. Revision Petition No. 257/87 in this Court on 15. 10. 87 which came up for admission on 30. 11. 87. Shri Jagdeep Dhankhar had filed power on behalf of the complainant. The case was adjourned for 14. 12. 87 and learned counsel for the parties were directed to come prepared for final disposal of the case on that day. The said revision petition was admitted on 14. 12. 87 and since the matter was at the initial stage, it was ordered that the revision petition should be finally disposed of at the stage of stay application itself and the case was posted for 18. 1. 88. The case was listed in Court on 22. 2. 88, 29. 2. 88, 25. 3. 88 and 12. 4. 88 but the case could not be taken up and it was adjourned to 15. 4. 1988; and on that day the case was ordered to be listed on 9. 5. 88 as first case, with the clear understanding that it shall be finally argued on that day, because learned counsel for the complainant Mr. Dbankhar was busy in a part heard matter before some other court. The case could not be taken up on 9. 5. 1988 on account of sad demise of Shri N. D. Mantri, Advocate and it was ordered to be taken up on 10th May, 1988. On 10th May, 1988, due to change of roster, case was to be listed before another bench but since the file was not available, it could not be taken upon 10th May, 1988 inspire of best efforts of learned counsel for the petitioner. On 11. 5. 88, it was fixed for 23rd May, 1988. On 23. 5. 88. after completion of the arguments by the learned counsel for the accused petitioners, learned counsel for the complainant submitted that record of the case would be necessary, hence, the record had been called for and the revision is now posted for orders on 11-7-1988 and the same has been released from being a part heard case. Learned Additional Public Prosecutor, Bharatpur on 4. 12. 87, when the sessions case was fixed for recording evidence on behalf of the prosecution, submitted an application in the court of Additional Sessions Judge No. 1, Bharatpur, praying that evidence on behalf of the prosecution may not be recorded till the disposal of the revision petition pending in the High Court, against the order dt. 7. 10 87, as it was likely to prejudice the case of the prosecution, placing reliance on 1987 Cr. L. R (SC) 558. Since the revision petition was listed in the High Court on 14. 12. 87, learned Addl. Sessions Judge did not record the evidence of the prosecution witnesses on 4. 12. 87 and 5,12. 87 and posted the case for 27. 1. 88 to await decision of the High Court, in the revision petition. ;