Court No. - 51
Case :- CRIMINAL APPEAL No. - 4247 of 2011 Appellant :- Gurunam Singh And Others Respondent :- State Of U.P.
Counsel for Appellant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Respondent :- Govt. Advocate,Abhai Saxena,Brijesh Sahai,Vikrant Pandey
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a second bail application moved on behalf of applicant in ST No. 124 of 2003 (Case Crime No. 206 of 2002) under sections 148, 307/149 and 302/149 IPC connected with Session Trial No. 125 of 2003 Case Crime No. 207 of 2002 under section 25 Arms Act (State vs. Nishant Singh) connected with Session Trial No. 126 of 2003 Case Crime No. 208 of 2002 under section 25 Arms Act (State vs. Gurudev Singh), Police Station- Khajuria, District Rampur.
Heard Sri Manish Tiwari, learned counsel for the applicants/appellants and learned A. G. A. for the State.
This is a second bail application, first bail application was rejected by Another Bench of this Court. Contention of the learned counsel for the applicants in the second bail application is that he is in jail since 07.07.2011.
We have also heard learned counsel for the complainant and learned A.G.A. for the State. Counsel for the complainant and learned A.G.A. both have opposed the prayer for bail.
However, looking to the fact that period of incarceration in jail since 07.07.2011 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 :- 12.9.2018 Swati