' A case under sections 302/109/148 and 149, P.P.C. Was registered against the petitioner and others on the ground that on 6-2-1993, they murdered Sher Jang. The F.I.R. Was registered on the same date.
2. It is contended that the petitioner was arrested on 19-2-1993 and since then he is behind the bars; that he is entitled to be released on bail as he is continuously detained in the jail for a period of more than two years, but the trial has not yet concluded for which a reference is made to the provisions contained in third proviso of section 497(1), Cr.P.C.; that the co-accused of the petitioner have already been admitted to bail though they had almost a similar role; that the principle of consistency requires that the petitioner be also released on bail; and that the charge was framed in 1995 but the trial has not yet concluded.
3. The bail petition is opposed by the learned State Counsel on the ground that the trial is in progress but it has been adjourned from time to time because the co-accused of the petitioner, who have been admitted to bail, had absented themselves on some dates; that the petitioner had committed the murder as a hired assassin and as such being a desperate and dangerous person is not entitled to bail.
4. I have considered the above submissions and have also gone through the report called from the learned trial Court regarding the delay which has occurred in the conclusion of the trial after the framing of charge in 1995. The aforesaid report reveals that the case was adjourned from time to time on the ground that some of the accused absented themselves on some dates of hearing for which the Court had to adopt coercive measures. The case now stands fixed for evidence of the prosecution on 19-5-1997 in the Court below. The learned trial Judge is of the view that the trial shall be concluded in the near future.
5. After considering the above facts, it appears that the case of the petitioner is distinguishable from his co-accused who have been admitted to bail earlier. The petitioner is the main culprit as he was hired as an assassin to kill the deceased. The weapon of offence was also recovered from him. He was nominated in the promptly lodged F.I.R. And was seen entering and escaping from the house of occurrence after the commission of murder. The role attributed to him, therefore, disentitles him to bail even on statutory ground. The petition is, accordingly, dismissed with the direction that the learned trial Court shall conclude the trial within two months under intimation to this Court by holding the trial from day to day and taking all possible measures to procure the attendance of the accused persons and also by ensuring the presence of the prosecution witnesses on each date.
6. The record to be returned to the trial Court through a special messenger so as to reach there within three days from today.