Allahabad High Court
Pawan vs State Of U.P. on 2 December, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34364 of 2018 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal, Counsel for Opposite Party :- G.A.,Pankaj Dwivedi Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Rajesh Mishra, learned AGA.
For the purpose of evaluating the prayer for bail, the Court notes that the primarily allegation was laid against one Rishi who in his confessional statement is alleged to have disclosed the complicity of the applicant and one other co-accused. However, the dead body as well as the weapons used in the commission of the crime were recovered on the pointing out of both Rishi and the present applicant. The Court is further apprised that the witnesses of last seen had only identified Rishi as the perpetrator of the crime. The trial has already progressed and all material witnesses are stated to have already been examined.
Accordingly while the prayer of the applicant for enlarging the applicant on bail is refused at this stage, it is only observed that the concerned Sessions Judge shall endeavour to conclude the trial itself with expedition and in any case within a period of six months from the date of filing a certified copy of this order. It is further directed that the trial Judge shall ensure that the trial is conducted strictly in accordance with the provisions made in Section 309 Cr.P.C.
For the purposes of facilitating the concerned Court adhering to the time frame stipulated, the concerned Jail Superintendent is also hereby directed to ensure that the accused and all witnesses are duly produced on the dates fixed except in exceptional situations as statutorily envisaged in the Prisoners (Attendance In Courts) Act, 1955 and Sections 267-270 of the Code of Criminal Procedure, 1973. In case of exceptional circumstances such as illness and infirmity it is not possible to produce the accused or the witnesses, the Jail Superintendent shall depute a responsible officer who shall affirm an Affidavit before the Court concerned disclosing therein the reasons for non-production.
Order Date :- 2.12.2019 LA/-