Court No. - 40
Case :- CRIMINAL APPEAL No. - 1932 of 2015 Appellant :- Parvez And 2 Others Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Kumar Mishra Counsel for Respondent :- Govt.Advocate,Dharmendra Pratap Singh
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Crl. Misc. 2nd Bail Application No. 18047 of 2016 This is a second bail application on behalf of the accused- appellant Mohammad Rehman who is the father-in-law of the deceased. The conviction has been brought home on the charge of murder. The allegation in so far as the present applicant is concerned was discussed by the Division Bench which rejected the bail application of the applicant on 13.08.2015.
Learned counsel Sri Rakesh Kumar Mishra submits that as a matter of fact the implication of the appellant is not based on any cogent evidence even though the dying declaration makes a statement about the applicant. The veracity of the dying declaration, therefore, is being questioned.
What we find from the bail rejection order dated 13.08.2015 is that this aspect as to whether the dying declaration is acceptable or is shaky was taken into account while rejecting the bail of the applicant-appellant. The applicant-appellant has remained in jail about seven years. This period of incarceration has also been made a ground for the second bail.
Having considered the submissions, we do not find any new substantial ground for consideration of release of the applicant-appellant either on the merits or even otherwise on the period of incarceration, keeping in view the nature of the offence and the dying declaration referred to above.
The bail application is accordingly rejected.
Order Date :- 23.2.2018 M. ARIF