Court No. - 51
Case :- CRIMINAL APPEAL No. - 5364 of 2011 Appellant :- Avanish Respondent :- State Of U.P.
Counsel for Appellant :- Mahipal Singh,Amit Misra,K.P. Singh Kaushal,Veer Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a second bail application moved on behalf of applicant Avanish. Fist bail application was rejected by another Bench of this Court vide order dated 24.03.2014.
Heard Sri Dinesh Mishra, learned Senior Adovoate for the applicant/appellant and learned A. G. A. for the State.
Contention of the learned counsel for the applicant/appellant in the second bail application is that he has already suffered incarceration for a period of 10 and half years.
Learned A.G.A. has opposed the prayer for bail.
However, looking to the fact that period of incarceration is not a ground for bail. It is an established law that merely on the long period of detention in jail is not a ground for bail. No case for grant of any indulgence has been made out.
Accordingly, the application for bail is rejected.
However, keeping in view the facts and circumstances of the case the hearing of the appeal is 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.
It is being made clear that in case hearing of the appeal is not concluded within a period of one year from today, liberty is given to the appellant to file a fresh bail application after a period of 14 months from today.
Order Date :- 17.9.2018 Swati