THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CRI. MISC. 4TH BAIL PETITION NO.8373/2007. Akash Saini. VERSUS The State of Rajasthan. 23.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Biri Singh Sinsinwar ] Mr.Harendra Singh Sinsinwar ]for petitioner. Mrs.Sadhna Bhatt, Public Prosecutor. Mr.M.S.Kachhawa, for the complainant. ***** Learned Public Prosecutor has given detailed report regarding the proceedings which have been conducted for recording the pre- charge evidence. As per the case of the prosecution, the matter is delayed and the evidence cannot be completed as the counsel for the complainant is not available or is otherwise busy in some other case. Learned counsel for the complainant disputes the aforesaid position. It is submitted by the learned Public Prosecutor that generally the evidence is being recorded after the lunch interval. Be that as it may, it is directed that the learned trial court shall fix the case which is going on for pre-charge evidence and the next date is fixed for 25.04.2008 for recording the statements and cross-examination of the witnesses of the prosecution in a time bound -2- manner and the learned trial court shall give priority to the aforesaid case which shall be taken up after fixing the case for evidence of the specified witnesses. On the date fixed, the evidence of the witnesses must be completed and then the next set of witnesses be bound down for the subsequent date. The practice, if it is so, of recording the evidence after the lunch interval which leaves insufficient time should be discontinued looking to the nature of the case which has remained pending for a sufficient amount of time and the case should be taken up in the initial hours itself. Learned Public Prosecutor would direct the Investigating Officer to ensure attendance of the witnesses who are summoned for the particular date by the learned trial court and it will be the responsibility of the Investigating Officer to secure their presence before the court. The pre-charge evidence be completed positively be 19th May, 2008. Copy of this order be sent to the learned trial court to ensure compliance. This fourth bail application under Section 439 Cr.P.C. filed by the accused petitioner Akash Saini son of Shri Sansar Chand Gihara is disposed of with liberty to file fresh. (DALIP SINGH),J. Solanki DS, Jr.P.A.