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1992 Supreme(MP) 424

S.K.JHA
Salakhan Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.L. Kochar for applicants; L.S. Singh, Government Advocate for State.

JUDGMENT

It is unfortunate that in spite of this Court's direction to the Courts below contained in the order dated 13.12.91 in Misc. Cr.C.No. 3809/91 to conclude the trial with in 4 months from the date of receipt of a copy of that order, the trial has not even commenced and the Sessions Judge, by his order dated 8.4.92, has issued a letter to the District Magistrate, Durg for appointment of a Public Prosecutor to conduct the case. The petitioners are in jail for more than 2 1/2 years now from 25.2.90. It was further directed by this Court in the order dated 13.12.91 that if the trial was not concluded within a period of 4 months from the date of receipt of a copy of that order by the Sessions Court, the petitioners shall be at liberty to move this Court again for grant of bail.

I think it is a fit case in which the petitioners should be released on bail, for they ought not to be made to suffer on account of any-inaction or laxity on the part of the Judicial officers below, be he a Committing Magistrate or the Sessions Judge.

This bail application is accordingly allowed. It is directed that that each of the applicants Salkhansingh and Dalbirsingh alias Billa shall be r

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