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Judgment
Admittedly, petitioner(accused) is facing trial in two cases i.e. FIR No.52/2000 P/S Sumbal for commission of offences punishable under
Sections> 302, 364, 120-B, 201, 344 RPC and FIR No.06/2007 P/S Batamaloo for commission of offences punishable under Sections 302,
364, 120-B, 201 RPC.
The petitioner had filed an application for grant of bail before the trial court on the ground that the wedding of his daughter is scheduled on 2nd
May, 2017. The application has been granted by the learned trial court vide its order dated 2nd May, 2017 and petitioner was permitted to
participate in the wedding in the custody of the police.
Petitioner again filed an application for grant of bail. Same was not pursued, as such, was dismissed for want of prosecution by the trial court
vide its order dated 20th October, 2016. Petitioner has now filed the instant petition seeking concession of bail in both the cases on the ground that
speedy trial is a right guaranteed and any delay infringes the said right.
Perusal of the record reveals that the charge against the accused has been framed on 5th June, 2007. Out of listed 85 prosecution witnesses, 83
have been examined whereas Dy.SP is under examination and is being cross-examined by the counsel for the defence. The trial is in full swing. It
would be apposite for the petitioner to seek concession of bail before the trial court because the trial court has full insight of the depositions of the
witnesses so far examined. The trial court record can be called but same will derail the trial which is in full swing
Given the position of the offences committed and the position of the trial being in full swing, it would not be proper for this Court to entertain the
application for grant of bail which is, accordingly, dismissed. However, dismissal will not operate as a bar to the petitioner in filing fresh application
before the trial court. In case filed, trial court shall dispose of the same with reasonable dispatch.