LAKHAN SHARMA S/O SHRI KANCHAN SHARMA v. STATE OF RAJASTHAN
CRLMB/3163/2025 · 2025-10-16
Farjand Ali
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49243 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49243 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42487] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3163/2025 Lakhan Sharma S/o Shri Kanchan Sharma, Resident Of Village Naswara Ps Halena District Bharatpur Present Subhash Nagar Colony Police Station Kotwali Bharatpur (Raj.) ( Accused Petitioner Is In Judicial Custody In Sewar Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. JP Tiwari, PP Mr. GK Sharma Mr. Ankur Nagar HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING)
Order 16/10/2025
1.
Learned counsel for the petitioner does not want to press the instant bail application. 2. Right to seek for and get speedy trial is a keen to fundamental right as enunciated by Hon’ble the Supreme Court in the case of Vakil Prasad Singh Vs. State of Bihar, AIR 2009. 3. Here in this case, the petitioner was arrested in the year 2021 and now around four years have elapsed but the trial has not been culminated till now and there seems no hope of its culmination in near future since the report shown by learned trial court making revelation that till now out of 29 witnesses only 12 could have been examined. The pace of trial is persuading this Court that if it is continued to run in the same fashion, the object of speedy trial cannot be achieved. Pending trial accused should
[2025:RJ-JP:42487] (2 of 3) [CRLMB-3163/2025] not be detained for a longer period and through plethora of judicial pronouncements, Hon’ble the Supreme Court have propounded that an accused pending trial can only be detained for a reasonable period. 4. The opportunity to the prosecution to lead evidence against the accused so as to unable them to substantiate the charge can be given for a reasonable period, but in any state of imagination the reasonability cannot longavate for more than four years, specifically when there is no hurdle or legal impediment like operation of stay or abscondence of the accused. Prosecution is duty bound to produce its witnesses so that there deposition can be recorded. 5. In this view of the matter, learned trial court is directed to issue compelling process to the remaining witnesses and the same shall strictly be forwarded to Superintendent of Police concerned with the specific note that responsible police officer be deployed for effactutation of service upon witnesses. A nodal officer shall also be appointed to keep vigil over the affairs. The case shall be posted two times in a month. Every time, two days hearing shall be fixed. As far as possible, two to four witnesses shall be summoned for recording of their statement. Learned trial court shall sincerely comply with the directions being passed through this order. 6. Learned PP shall be sensitized to keep their witnesses available on the day fixed for recording of their statements. 7.
All the needful shall be done to complete the trial within a period of six months as far as possible. [2025:RJ-JP:42487] (3 of 3) [CRLMB-3163/2025]
8. If the trial is not culminated still whereafter, nothing would preclude the accused petitioner to approach this Court again directly showing the course of trial. 9. Accordingly, the instant bail application is disposed of as not pressed. (FARJAND ALI),J 8-Chhavi/-