CRLMB 6086/09 (4th Bail) Smt. Heera Vs. State of Rajasthan (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Criminal Misc. 4th Bail Application No.6086/2009 Smt. Heera Vs. State of Rajasthan Date Of Order :: 13th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Pankaj Gupta, for accused petitioner. Mr. Mahendra Meena, Public Prosecutor for State. ............... This fourth bail application under section 439 of the Code of Criminal Procedure has been filed by accused petitioner Smt. Heera in relation to First Information Report No.336/2006 registered at Police Station Mahuwa (Dausa) for the offences under sections 302 & 201 IPC, in which after investigation police has filed the charge-sheet and trial is in progress in Sessions Case No.20/2008 (1/2007) before the Additional Sessions Judge (Fast Track), Mahuwa (Dausa). Heard learned counsel for accused petitioner, learned Public Prosecutor for State and perused the material available on the record. It was inter alia contended that accused petitioner who is a woman has falsely been implicated and she is in jail since 17/12/2006. It was CRLMB 6086/09 (4th Bail) Smt. Heera Vs. State of Rajasthan (2) further submitted that while deciding the third bail application on 1/5/2008 this Court directed to the trial court to decide the sessions case as far as possible within a period of three months but the same could not be decided by the trial court and it sought further time which was granted by this Court on 10/2/2009 for a further period of three months but thereafter also this matter has not been decided and various order-sheets demonstrate that on account of non-availability of Public Prosecutor as well as clerical staff evidence could not be recorded. Relying upon the order delivered in the case of Kadra Pahadiya and others Vs. State of Bihar, reported in AIR 1982 Supreme Court 1167 and Hussainara Khotoon and others Vs. Home Secretary, State of Bihar, reported in AIR 1979 Supreme Court 1360(1), it was contended that speedy trial is fundamental right of accused which has been grossly violated in this matter and despite of repeated directions trial is still in a stalled condition. Learned counsel further submitted that all the material witnesses have been examined including Khemraj (PW4), Rajesh Meena (PW6) who are sons of the deceased Khyali Ram and they did not utter a single word connecting the accused petitioner with the crime. It was then submitted that Gulab Chand Meena, Sarpanch is the lodger of the CRLMB 6086/09 (4th Bail) Smt. Heera Vs. State of Rajasthan (3) First Information Report whose evidence is hearsay one and other witnesses were either declared hostile or did not state anything which connects the accused petitioner with the crime. Learned Public Prosecutor opposed the bail application and submitted that now Public Prosecutor has been appointed and matter will be disposed of in a short span of time. I have considered the rival submissions made at the bar. It is true that accused petitioner is a woman who is behind the bars since 17/12/2006. Despite of this Court order dated 1/5/2008 trial has not been completed within the stipulated time fixed by this Court and thereafter this Court has further extended time on 10/2/2009 at the request of the trial court for a period of three months but it transpires from the order-sheets that no further evidence has been recorded thereafter and still many witnesses remained to be examined. Without making any observation on merit but keeping in view the entire facts and circumstances specially the fact that accused petitioner is a woman and she is in jail since last about two years and ten months and even after the direction of this Court there was no progress in the trial and still considerable time may be required in completion CRLMB 6086/09 (4th Bail) Smt. Heera Vs. State of Rajasthan (4) of the trial, I deem it proper to enlarge the present accused petitioner Smt. Heera on bail under section 439 Cr.P.C. In the result, this fourth bail application is allowed and it is ordered that accused petitioner Smt. Heera wife of Late Khyaliram be released on bail provided she furnishes a personal bond in the sum of Rs.40,000/- together with two surety bonds each in the sum of Rs.20,000/- to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so during the pendency of the trial against her. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. S1