S.B.CR. MISC. IIND BAIL APPLICATION NO.9570/2008 MADAN LAL SAINI VS. STATE OF RAJ. 17.12.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Umesh Shringi, for the petitioner. Mr. BK Sharma,Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri Umesh Shringi, Advocate on behalf of the applicant Madan Lal Saini pertaining to F.I.R. No. 58/2008 of Police Station Sadar, District Bundi in the offence under Section 306 of IPC. Heard the submissions advanced by the learned counsel for the accused petitioner, learned Public Prosecutor appearing for the State and scanned the relevant material available on record including the earlier bail order dated 21st of October, 2008 passed by this Court. The learned counsel for the accused petitioner has canvassed that after usual completion of the investigation, the police report under Section 173 (2) of Cr.P.C. has been filed by the police and the case is pending trial. It is nowhere revealed from any evidence collected by the police that the poison was administered by the accused. The accused is in no way connected with the commission of this case. He has been in custody for the last three months and the trial is likely to take time, as such, he may be released on bail. The learned Public Prosecutor appearing for the State has opposed the bail petition primarily on the ground that the Forensic Science Laboratory report has revealed the positive tests for the presence of Organochloro Insecticide, which evinces that the poison was administered to the deceased. The trial of the case is at its initial stage, hence, the bail petition may be dismissed. -2- Having reflected over the submissions made at the bar and perused the relevant material, I do not find any good ground to change my earlier view. Hence, without expressing any opinion on the merits of the case but keeping in view the prosecution evidence and relevant documents available on record, I do not feel inclined to grant indulgence of bail to the accused and it deserves to be dismissed. In the result, the second bail petition filed on behalf of the accused petitioner Madan Lal Saini S/o Shri Kanwarlal under Section 439 of Cr.P.C stands dismissed. The learned Sessions Judge is directed to expedite the trial preferably within six months. (MAHESH BHAGWATI)J. PCG