Applicant- Jagdeep (Jagdish) @ Jaggi seeks bail in Case Crime No. 52 of 2007, under Sections 302,307/34 IPC, Police Station Khekara, District Baghpat.
Heard learned counsel for the applicant and Sri Ram Raj Pandey, learned counsel appearing on behalf of the informant as well as learned A.G.A. and also perused the material placed on record.
It is not disputed that the trial has commenced and substantially proceeded and almost all the prosecution witnesses have been examined. Now the date is fixed for the statement of the accused to be recorded under Section 313 Cr.P.C.
Taking note of the submissions made by the learned counsel for the parties and having gone through the material placed on record, it would not be proper for this Court to discuss evidence and give reasoning for consideration of bail application as it would undoubtedly affect the trial. Moreover, as contended by the learned counsel for the applicant that some of the prosecution witnesses, who were examined, have been declared hostile. If that is so, that is all the more reason for this Court not to release the applicant on bail when the trial is at precarious stage. Thus, prayer for consideration of bail at this stage is declined and the application is hereby rejected, without expressing any opinion on merit of case.
However, taking into account that the applicant is in jail since 24.9.2008, the trial court is directed to expedite the trial and make an endeavour to conclude it expeditiously in consonance with the provision of Section 309 Cr. P.C. Both the parties are expected to co-operate in the trial and shall not seek unnecessary adjournment.
The office is directed to send the copy of this order immediately to the District & Sessions Judge/ Trial Court for intimation and necessary compliance.
Order Date :- 21.1.2010 Mt/