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1992 Supreme(MP) 424

S.K. Jha, C.J.
Salakhan Singh v. State of M.P.
Misc Cr. Case No. 2029 or 1992 (J); Decided no 17.7.1992*.

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

Headnote:Criminal P.C., 1973 -- S. 439 -- accused in jail for more than 2 ½ years -- previous direction of High Court to conclude Sessions Trial within 4 months not carried out -- accused cannot he made to suffer inaction of judicial officers.

       naM Áfdz;k lafgrk] 1973 && /kkjk 439 && vfHk;qDr 2 1@2 o"kZ ls vf/kd le; rd tsy esa jgk && ls‘ku fopkj.k 4 ekl ds Hkhrj lekIr djus ds fy, mPp U;k;ky; ds iwfoZd funs‘k dk ikyu ugha fd;k x;k && vfHk;qDr dks U;kf;d vf/kdkfj;ksa dks fu"fdz;rk Hkksxus ds fy, ck/; ugha fd;k tk ldrkA

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 released on bail on each of them furnishing a bail bond in the sum of Rs. 5,000.00 with two solvent sureties in the like amount each to the satisfaction of the C.J.M., Durg in Sessions Trial No. 132/92 of District Durg for their appearance in the Court concerned on all dates of hearing till the disposal of the case.


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