Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8202 of 2018 Applicant :- Iliyas Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Prasad Yadav,Anuj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This is the second bail application. The first bail application was rejected for want of prosecution vide order dated 19.01.2018, thus, this is virtually the first bail application.
In the present bail application an order was passed on 13.04.2018, by means of which, an information was sought from the court concerned.
In compliance of the said order report has been received from the office of the District Judge, Baghpat, contents of which fare self explicit.
Learned AGA was also directed to seek instructions with regard to physical condition of the applicant, as it has been informed that the applicant is a senior citizen aged about 70 years.
Learned AGA has produced the letter of the Superintendent, District Jail, Baghpat, which has been perused by this Court along with medical certificate. As per the medical certificate and as per the record of the jail, the applicant is aged about 62 years. However, the medical certificate says that the applicant is having difficulty in breathing and bilateral chest pain and is under treatment for two years. As per opinion given by the doctor, he suffering from chronic obstructive Pulmonary disease for the last two years and is unfit in doing his daily routine work.
The said letter received from the Jail Superintendent, District Baghpat alongwith with medical certificate is taken on record.
Looking to the gravity of the offence, I am not inclined to grant bail to the applicant. However considering the fact that the applicant is in jail since 30.08.2012 with no previous criminal history and it is not disputed by the learned A.G.A., he cannot be further incarcerated into jail for the reason that the trial court is not in a position to conclude the trial expeditiously, which is one of the fundamental rights under Article 21 of the Constitution of India. To incarcerate an accused for an unlimited period at a pre trial stage without his trial being concluded expeditiously as has been mandated under section 309 Cr.P.C. will not be in the interest of justice. However be that as it may, I consider it appropriate to release the applicant on short term bail/parole for a period of six months starting from 03.08.2018. Accused-applicant shall be released on short term bail/parole on his furnishing a personal bond of Rs. two lacs with two solvent sureties each of Rs. two lacs in the like amount to the trial court concerned on the said date.
Both the sureties shall be his family members and/or relatives.
Accused-applicant is directed to surrender before trial court on 02.02.2019.
The bail application shall come up for orders on 11.02.2019 after expiry of six months.
Meanwhile learned trial Judge is directed to conclude the trial within the intervening period.
In the event trial is concluded interregnum and the applicant is acquitted, applicant need not surrender and in that eventuality, he is directed to file an affidavit along with certified copy of the judgment of the trial Judge before this Court.
It is further being made clear that in case the trial is concluded interregnum and the same ends in a conviction, the applicant shall immediately be taken into custody in accordance with law and notwithstanding anything contained in this order.
Order Date :- 27.7.2018 Abhishek/V.S. Singh