MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Hridayesh Singh Advocate on behalf of the applicant Shankar lal pertaining to Criminal Case No. 672/1993 pending before the Addl. Chief Judicial Magistrate (Communal Riots), Kota in the offences under Sections 457 and 380 of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the accused-applicant has contended that the petitioner remained absconding for more than 13 years. He has been in custody for quite a long time, hence, he may be afforded one opportunity to defend his case independently while remaining on bail. The learned Public Prosecutor has opposed the bail petition. Having considered the submissions made at the bar and perused the bail order dated 20th August, 2009 rendered by learned Sessions Judge, Kota, it is noticed that by way of long absence of more than 13 years, the petitioner has not only hampered the path of justice but prolonged the trial also. In view of these factors, the accused is not found entitled to be released on bail. In the result, the bail petition filed on behalf of the accused petitioner Shankar lal under Section 439 of Cr.P.C. stands dismissed.
(3.) HOWEVER, keeping in view the submissions made by the learned counsel for the petitioner, learned trial court is directed to expedite and conclude the trial within a period of three months, as the petitioner has been in custody for quite a long time.;