Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6950 of 2018 Applicant :- Mohd. Imtiyaz @ Sarjon @ Kana Opposite Party :- State Of U.P. Counsel for Applicant :- Adil Jamal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
This is the second bail application filed by the applicant Mohd. Imtiyaz @ Sarjon @ Kana with prayer to release him on bail in Case Crime No. 47 of 2016, u/s 307 I.P.C., P.S. Chamanganj, District Kanpur Nagar. The first bail application was rejected on merits vide order dated 20.3.2017 by this court.
The only fresh ground taken in this bail application is that while rejecting the first bail application, this court had directed the trial court to make all possible efforts to conclude the trial expeditiously, preferably within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties, however, the trial is still pending and it is proceeding in a routine manner and no witness has been examined so far. In support of his contention learned counsel has drawn the attention of this court to the certified copy of the complete order sheet of the trial concerned from the date 22.9.2016 to 7.12.2017.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has submitted that the applicant had filed certified copy of the aforesaid order of this court dated 20.3.2017 along with an affidavit dated 9.5.2017 before the trial court but the learned trial court instead of complying with the order of this court is fixing dates in a routine manner. In this regard attention of this court has been drawn to Annexure no. 5 to the affidavit filed in support of the bail application, which is a certified copy of the aforesaid affidavit.
A perusal of the order-sheet of the learned trial court shows that there is no mention of the aforesaid order dated 20.3.2017 in the order sheet. A perusal of the order sheet also reflects that NBW has been issued against accused Rehan and death reports of accused Farid and Ghulam Navi have been called by the learned trial court from P.S. Chamanganj. Under these circumstances, it cannot be said that the trial court is causing any delay. No other fresh ground has been taken in the second bail application, therefore, there does not appear any good reason to allow the second bail application.
Accordingly, the second bail application is rejected. However, keeping in view the fact that the applicant is languishing in jail since 20.3.2016 the learned trial court is once again directed to make all possible efforts to conclude the trial expeditiously, preferably within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties.
It appears strange that the learned trial court has not made any mention in the order sheet about the order dated 20.3.2016 passed by this court, which had been produced before it along with affidavit on 9.5.2017 by the appellant. The trial court is directed to submit its explanation about such inadvertence.
Office is directed to send a copy of this order to the to the trial court concerned by FAX, which shall file its explanation before the Registrar General of this court within fifteen days from the date of receipt of this order.
Order Date :- 30.3.2018 Pcl