( 1 ) APPLICANT Mithun alias Shamshad was arrested by the Bahodapur police on or about 10-6-1985 in crime No. 135/85 registered initially under S. 307/34 I. P. C. on 6-6-1985 in respect of a transaction in which one Madan @ Pappoo had received injuries from others. Pappoo died from the injuries on 12-6-1985. The case was converted into one under S. 302 I. P. C.

( 2 ) THE challan was filed in the month of Sept. 85. The charge of murder was framed on 31-10-1985. Out of a list of 20 prosecution witnesses so far only six have been examined. In criminal misc. case No. 1214/86 decided on 17-10-1986. This Court rejected there preceding bail application with the following observations :-"from the copies of the order-sheets of the trial Judge, right from 27-12-1985 to 26-8-1986, and also the statement of both the counsel that the case now stands adjourned to 21-10-1986 for recording of prosecution evidence. It is clear that the time from 27-12-1985 till the date of the bail application, was consumed by lack of system in the process of the trial and want of care in securing the attendance of witnesses on the part of the Presiding Judge, the Public Prosecutor and also by the Po