Court No. - 59
Case :- CRIMINAL APPEAL No. - 3633 of 2018 Appellant :- Aslam Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Singh Sengar
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 12.6.2018 passed by the Incharge Additional Sessions Judge (FTC), Mahoba in Bail Application No. 100 of 2018 arising out of Case Crime No. 142 of 2018 under Sections 302 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Kotwali Mahoba, District Mahoba seeking bail in the aforesaid sections.
As per the prosecution case, body of the deceased was found in the field; an unnamed FIR was lodged; during investigation name of the appellant surfaced in the confessional statement of co-accused Brij Kishore who stated that he hired the appellant to commit the crime.
Learned counsel for the appellant submits that the appellant has been falsely implicated; applicant is languishing in jail since 6.3.2018, hence the appellant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that postmortem report shows three lacerated wound in and around the head; recovery of the assault weapon and blood stained cloths of the deceased was discovered on the pointing out of the appellant; it is not in public interest that the appellant be enlarged on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Aslam involved in Case Crime No. 142 of 2018 under Sections 302 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Kotwali Mahoba, District Mahoba.
Accordingly, the criminal appeal is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 25.9.2018 S.Prakash