CRLMB6780/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 3rd Bail Application No.6780/2010 Bhoop Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Arvind Kumar Gupta, Counsel for petitioner Shri G.S. Fauzdar, Public Prosecutor #### By the Court:- It is informed that the trial in the present case is not proceeding because the record of the case is with the High Court in the appeals filed by co-accused against the judgment dated 08.03.2007 in Sessions Case No.160/2005 (213/2005) delivered by the Additional Sessions Judge, Fast Track No.2, Jhunjhunu and it is therefore contended that since the trial is getting delayed the petitioner be enlarged on bail especially when he is in jail since 18.06.2009. Learned Public Prosecutor opposed the bail application contending that first bail application was rejected on 28th January, 2010 and thereafter the second application for bail was withdrawn by him on 20th April, 2010. There being no change of circumstance, the third bail application may not be entertained. I find that earlier the challan could not be filed against the petitioner because he could not be arrested and therefore the investigation against him was kept pending under Section 173 (8) of the Cr.P.C. CRLMB6780/2010 // 2 // The Registry is directed to immediately transmit the record of D.B. Criminal Appeal Nos.731 and 732 of 2007 so as to facilitate early completion of trial against the accused- petitioner. With that direction, the third bail application is rejected. (Mohammad Rafiq) J. //Jaiman//