Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19055 of 2015 Applicant :- Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava,Sushil Kumar Dwivedi Counsel for Opposite Party :- Govt. Advocate,Shyam Sunder Mishra
Hon'ble Pankaj Naqvi,J.
Heard Sri Sushil Kumar Dwivedi, learned counsel for applicant - Munna and the learned A.G.A in connection with Case Crime No.134/2013, under Sections 147/148/149/302/307 IPC and 7 of the Criminal Law Amendment Act, P.S. Ghazipur, Fatehpur.
Considering the seriousness / heinous nature of offence involving a triple murder by use of deadly weapons, wherein applicant along with other 12 co-accused persons were nominated in the FIR, the Court is not inclined to enlarge the applicant on bail, merely on the ground that applicant is languishing in jail since 31.8.2013.
The bail application stands rejected.
Learned counsel for the applicant then states that an outer limit be fixed for expeditious disposal of the trial.
The Constitution Bench (7 Judges) of the Apex Court in P. Ramachandra Rao v. State of Karnataka, 2002(4) SCC 578, which has been followed in Niranjan Hemchandra Sashittal V. State of Maharashtra, 2013(4)SCC 642, has held that courts should not fix outer limit for trial.
However, the court concerned is directed to expedite the trial to its logical conclusion, as expeditiously as possible, under intimation to this Court. It is made clear that court below would not grant unnecessary adjournments, adjournments, if any, shall be for strong and compelling reasons, else would attract exemplary cost.
Order Date :- 27.7.2018 Chandra