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1989 Supreme(MP) 55

R.C.LAHOTI
Daini @ Raju – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. P.N. Misra, Advocate
For Respondents/Defendant:Mr. Arvind Doodawat, Addl. Govt. Advocate

OEDER

R.C. Lahoti, J.

1. The applicant, one of the two, facing a trial on charges under Section 302/34 I.P.C and Section 25-B of the Arms Act, has come up to this Court seeking bail.

2. As borne out from the bail petition and the submissions made at the Bar, prayer for bail is pressed mainly on the ground that the applicant has been in custody since 15-9-1987, and the trial has not concluded so far, though a period of 15 months has elapsed.

3. The prayer was vehemently opposed on behalf of the State, submitting that the prosecution is not to blame for the delay, but a major contribution has been made by the accused themselves in delaying the trial. In view of this submission, the record of the trial Court was called for and examined.

4. The proceedings before the committing Court show that the challan was filed on 16-11-1987. The case was adjourned on 27-11-1987, because the Presiding Officer was on leave. On 24-12-1987, the Court was closed on account of a holiday. On 29-12-1987 and 6-1-1988, the hearing had to be adjourned, because the record was requisitioned by the Sessions Court while hearing the bail application filed by the applicant. On 20-1-1988, as soon as the record was recei











































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