// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. IInd Bail Application No. 2205/2009 {Rai Singh Versus State of Rajasthan} Date of Order ::: 28th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Suresh Kumbhat, counsel for the petitioner Shri Anil Joshi, PP for the State of Rajasthan Shri M.S. Sisodia, counsel for the complainant #### By the Court: This is second application for bail under Section 439 Cr.P.C. The first application was dismissed by this Court on 19th November, 2008. The application was listed on 29th June, 2009 and this Court deferred the application with the observation that if the prosecution evidence is not concluded on 13th July, 2009, then it will be permissible for the petitioner to apply afresh for bail before the trial court. The prosecution evidence was not concluded, therefore, petitioner moved fresh bail application before the trial court, but the same was dismissed on 15th July, 2009. The learned counsel for the petitioner // 2 // argued that prosecution is delaying the matter, whereas the petitioner is in judicial custody since September, 2007. He also tried to refer the statement of some of the prosecution witnesses to convince this Court that this is a fit case for bail. However, in view of the fact that one prosecution witness Pooran Prakash is to be examined on behalf of the prosecution, I do not think it fit and proper to comment on prosecution evidence at this stage as it may affect the case of either party. In these circumstances, the bail application is disposed of with a direction to the trial court to proceed with the trial day-to-day and to conclude the trial finally within a period of two months from the date of receipt of this order. In case prosecution does not examine Pooran Prakash on next date, then the trial court shall either close the prosecution evidence or will summon the said witness through bailable or non-bailable warrant, but in any case the trial court will conclude the trial within a period of two months, as directed above. A copy of this order be sent to the District & Sessions Judge, Pratapgarh for // 3 // compliance. The learned PP will also inform his counter-part. (NARENDRA KUMAR JAIN), J. //DK//