Allahabad High Court
Ismail vs State Of U.P. on 25 November, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49738 of 2019 Applicant :- Ismail Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey,Irshad Ahmad Hon'ble Yashwant Varma,J.
Heard Sri N.I. Jafri, learned Senior Counsel in support of the application, Sri Vikas Sahai, the learned A.G.A. for the State as well as Sri Satish Trivedi, learned Senior Counsel who appears for the informand and perused the record.
The present bail application has been filed by the applicant in case crime No.446 of 2018, under Sections 302, 120-B, 34 I.P.C., Police Station Mainather, District- Moradabad with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the trial has commenced and travelled some distance up to the stage of recordal of the statements of P.W.-4. The complicity of the applicant in the commission of the crime stems from the involvement of the main accused Wahid who is stated to have had illicit relations with the wife of the deceased. Presently the Court takes into consideration of fact that the alleged weapon which is stated to have been used, has been forensically examined and its report also submitted before the concerned Sessions Judge. In that view of the matter and since the trial itself hinges at a crucial juncture, the ends of justice would merit the concerned Sessions Judge being directed to conclude the trial itself within a stipulated time frame rather than enlarging the applicant on bail.
Accordingly while the prayer for granting bail is refused, it is only provided that the concerned Sessions Judge shall endeavour to conclude the trial with expedition and in any case within a period of six months from the date of presentation of a certified copy of this order and 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 :- 25.11.2019 Vivek Kr.