Court No. - 51
Case :- CRIMINAL APPEAL No. - 748 of 2013
Appellant :- Abhishek Pathak
Respondent :- State Of U.P.
Counsel for Appellant :- Jitendra Singh Lodhi,Vinod Singh
Counsel for Respondent :- Govt. Advocate,V.S. Chauhan
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
ORDER ON THE CRIMINAL MISC. BAIL APPLICATION Heard the learned counsel for the appellant and the learned AGA for the State on the first bail application in the instant criminal appeal moved on behalf of accused – appellant.
We have perused the judgment and order dated 05.01.2013 passed by the trial court convicting the appellant in S.T. No. 203 of 2008 (State Vs. Abhishek Pathak), arising out of Case Crime No. 918 of 2008, under Section 302, 452 of IPC, Police Station Kotwali Orai, District Jalaun connected with Session Trial No. 210 of 2008 (State Vs. Abhishek Pathak) arising out of case crime No. 934 of 2008, under Sections 4/25 of Arms Act, Police Station Kotwali Orai, District Jalaun.
Learned counsel for the appellant contended that the the appellant is in jail since 12.07.2008 with no previous criminal history.
Looking to the gravity of the offence and the manner in which the crime has been committed, the number of injuries to the deceased and the fact that the appellant is not denying the presence at the place of occurrence, no case for grant of any indulgence is made out.
However, looking to the fact that the appellant is in jail since 12.07.2018, the hearing of the appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Liberty is given to appellant that if the hearing of the appeal is not done within a period of fourteen months, they may file a fresh bail application after a period of fourteen months.
Order Date :- 25.9.2018 Ram Chander