JUDGMENT

1. The petitioner has been arrested in connection with FIR No. 71/2017 of Police Station Mahamandir, Jodhpur for the offence punishable under Sections 302, 201, 304B, 498A/34 IPC. He has preferred this fourth bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that while rejecting the third bail application, this court vide order dated 22.11.2021 directed the trial court to conclude the trial preferably within a period of six months from the date of receiving certified copy of the order. Counsel submits that the present petitioner is inside the jail since 26.02.2017 i.e. for last more than five and half years and trial is yet pending. He submits that till now, only 13 witnesses have been examined before the trial court out of total 41 witnesses. Counsel further submits that the trial proceedings are not being concluded on account of failure of the witnesses in appearing before the trial court. In such circumstances, the benefit of bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. P