Court No. - 1
Case :- CRIMINAL APPEAL No. - 6072 of 2007 Appellant :- Phool Khan & Another Respondent :- State Of U.P.
Counsel for Appellant :- V.B. Rao,Balendra Kumar Singh,Hemant Kumar,P.K. Rao Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Re: Criminal Misc. IInd Bail Application No.135530 of 2011
Heard Sri Balendra Kumar Singh, learned counsel for the appellants, Sri I.P. Srivastava, learned AGA for the State and perused the record.
The first bail application of the appellant-Phool Khan has been rejected by another Bench of this Court on 29.10.2007. This is the second bail application on behalf of the appellants.
The file was not sent by the office as it was under preparation of the paper book in compliance of the Court's order dated 29.1.2018 hence the file was not sent to the Court though it is listed today in the daily cause list. From the record also it appears that the first bail application of Phool Khan was rejected on 29.10.2007 and the statement made by learned counsel for the appellant that the first bail application is pending is incorrect. O.S.D. (criminal) was directed to place the file today as it was stated by learned counsel for the appellant that the appellant-Phool Khan is too old aged about 75 years and is in jail since last 12 years and his first bail application is pending.
Learned AGA has vehemently opposed the prayer for bail and submitted that wrong submission has been made by learned counsel for the appellant regarding the age of the appellant- Phool Khan whereas the actual age of the said appellant is 65 years.
Without expressing any opinion on the merits of the case and considering the submissions advanced, we find that no good ground is made out for enlarging the appellants on bail.
The bail application of the appellant Phool Khan, involved in Session Trial No.16 of 2006 and 17 of 2006 Case Crime No. 185 of 2005 (State Vs. Phool Khan and others), under Section 302/34, 302 IPC and Section 25 Arms Act, PS- Bisanda, District Banda is, accordingly, rejected.
The hearing of the appeal is expedited. Office is directed to prepare the paper book.
List thereafter the appeal before the appropriate Bench for final hearing after preparation of the paper book.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018 Deepika