1 S.B.CRIMINAL MISC. PETITION NO.1817/20090 State of Rajasthan Vs. Rai Singh DATE OF ORDER : 5th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI By Post Mr.O.P.Singaria, Public Prosecutor .... The matter has been placed for orders on a communication received from the Sessions Judge, Pratapgarh in relation to Sessions Case No.9/2008 seeking enlargement of time granted by this Court for conclusion of the trial. It is noticed that the first bail application as moved on behalf of the petitioner was declined by this Court on 19.11.2008 while finding that the trial had substantially progressed; and the Trial Court was directed to expedite the trial. On 29.06.2009, it was pointed out in the second bail application bearing number 2205/2009 that the trial was yet pending with the prosecution coming out with application under Section 311 Cr.P.C. seeking recalling of the witnesses. Consideration of the said bail application was deferred but with the observations that in case of the prosecution evidence not concluding on 13.07.2009, it would be permissible for the petitioner to apply for bail afresh. The said second bail application was ultimately decided by this Court on 28.07.2009 with the directions to the Trial Court to proceed with the trial on day-to-day basis and to 2 conclude the same finally within a period of two months from the date of receipt of the order after noticing that one prosecution witness Pooran Prakash was to be examined on behalf of the prosecution. The trial has not seen its conclusion yet. The learned Sessions Judge has pointed out in the communication dated 29.10.2009 that the Presiding Officer was not available in the Court since 13.07.2009; and that he had joined only on 28.10.2009. It has also been stated that the witness Pooran Prakash had been summoned for 04.11.2009; and three months' time has been requested for conclusion of the trial. Though the progress of the matter after 04.11.2009 is not available on record but, for the reasons and circumstances as stated, it appears appropriate to enlarge the time for compliance of the requirements of the order dated 28.07.2009. In the given circumstances, the learned Sessions Judge is granted time to conclude the trial, if not concluded so far, by 30.01.2010. It shall be expected of the learned Sessions Judge to proceed with the matter, if not concluded so far, most expeditiously while curbing against any delay and on day-to- day basis as already ordered; and to conclude the matter positively within the enlarged time i.e., by 30.01.2010. MK (DINESH MAHESHWARI),J.