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Judgment
This is a third bail application which has been filed, on account of the fact that vide order dated 10.07.2020, this Court, while dealing with the second
bail application, had directed the trial court to conclude the trial within two months.
Learned counsel for the petitioner submits that the period of two months expired on 11.09.2020. No doubt, under provisions of Section 311 of
Cr.P.C., PW1 has been recalled but now all prosecution witnesses have been examined. Rejection of the bail is only on account of the fact that the
presence of the petitioner, who is the mother of the victim, cannot be secured for the purpose of recording an evidence under Section 313 of Cr.P.C.
He submits that petitioner can be enlarged on bail subject to imposition of heavy bail bonds with the surety of like amount.
Per contra, Mrs.S.Ambika Devi, Special Public Prosecutor representing the State submits that the next date for recording the statement of
accused/petitioner along with the other co-accused in the trial court is scheduled for 23.12.2020 and thereafter the matter can be disposed of in terms
of the directions by this Court.
I have heard learned counsel for the parties and appraised the paper books.
On going through the contents of the order whereby the bail application of the petitioner was dismissed, it is revealed that two situations had
subsequently surfaced.
I. PW1 was summoned under Section 311 of Cr.P.C. and cross examination of PW4 and 14 was, in such circumstances delayed.
II. Now all the prosecution witnesses have been examined.
I am of the view that at this stage no useful purpose is served in enlarging the petitioner on bail as the statement is to be recorded on 23.12.2020;
the date fixed by the trial court. Thereafter, in case the petitioner and other co-accused deem it appropriate to examine any witness in defence, that
can be done within a period of one month. For the reason, aforementioned, I do not intend to entertain the bail application by enlarging the petitioner on
regular bail.
Regular bail application is dismissed.