Cr Bail 6564/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Misc. Bail (8th) Appl. No.6564/2007 Pradeep Malhotra Versus State. Date of Order ::: 12/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Suresh Sahni, for applicant Mr. AK Bajpai, Special Public Prosecutor for State Present one is eighth application on behalf of the applicant whose seven applications were earlier dismissed by this Court vide detailed orders. It was inter-alia observed that more than thirty sessions case were pending before learned trial Judge on account of which the trial in instant matter could not have been effectively proceeded and therefore, this Court observed to transfer other sessions trial to other court so as to proceed in instant matter expeditiously; and while dismissing his 7th bail application, it was observed that if trial is not concluded within six months, present applicant will be free to file fresh bail application. Since the trial has not been concluded, the present applicant has approached this Court by filing present 8th bail application. Heard learned counsel for applicant as Cr Bail 6564/07 //2// well as the learned Public Prosecutor and perused the material/record made available for perusal and so also earlier orders passed by co-ordinate Bench of this Court. In all, 29 accused are involved in instant matter and only 16 prosecution witnesses are left to be examined so as to conclude the trial as per list submitted before this Court. After 7th bail application was dismissed on 07/03/07, other sessions trials have now been transferred and the trial Judge is taking note of present matter while taking it on day to day hearing basis. Public Prosecutor has brought to the notice of this Court order sheet dt.31/01/08 drawn by trial Court and as per final list of prosecution witnesses as has come on record, Presiding Officer has summoned the remaining prosecution witnesses on day to day basis and has fixed the date to examine them and since there are large number of accused involved in instant matter and even every one of them has an opportunity to cross examine prosecution witnesses, which may ofcourse take some time. Taking note of order sheet dt.31/01/08 as per which last witness has to be examined on Cr Bail 6564/07 //3// 28/02/08. There is no otherwise fault which can be attributed to the prosecution in effectively prosecuting the instant matter and now matter has been expeditiously taken up and remaining witnesses are likely to be examined on day to day basis hearing. Counsel for applicant submits that there is no fault so far as present applicant is concerned, and even on last bail application being rejected, a liberty was granted to approach this Court if trial is not concluded within six months and even he has awaited and filed instant application after five months thereafter and he is in judicial custody for last more than four & half years. Taking note of over-all conspectus of material on record including the fact that the prosecution is now proceeding on day to day basis hearing and list of remaining witnesses has already been filed by prosecution and as per order dt.31/01/08, learned trial Judge has fixed the date of remaining prosecution witnesses and last witness has to be examined on 28/02/08, this Court is not inclined to grant post arrest bail to the accused applicant. Consequently, 8th bail application stands dismissed. However, it is expected of trial court to expedite the trial. A copy of this order be sent to the trial court forthwith for compliance. (Ajay Rastogi), J. K.Khatri/p.3/6564Cr8Bail07disExp.doc