Case :- CRIMINAL APPEAL No. - 4192 of 2011 Appellant :- Prem Chandra And Others Respondent :- State Of U.P.
Counsel for Appellant :- Jai Narain,Anvir Singh,Prem Shankar Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Criminal Misc. Fourth Bail Application No. 427859 of 2017 Heard Sri Anvir Singh, learned counsel for the appellant and Sri Vikas Sahai, learned A.G.A. for the State and perused the record.
This is fourth bail application filed on behalf of the appellant.
The first and second bail application of the appellant were rejected by another coordinate Bench of this Court consisting of Hon'ble Ravindra Singh, and Hon'ble Anil Kumar Agarwal,JJ (as they were then), vide order dated 22.02.2012 and 14.11.2013. Further the third bail application of the appellant was also rejected by this Bench of the Court, vide order dated 11.01.2017.
The new ground which has been argued by learned counsel for the appellant is that appellant is aged about 85 years, hence he may be enlarged on bail.
On the other hand learned AGA has vehemently opposed the prayer for bail and submitted that the three bail applications of the appellant were rejected earlier by another coordinate Bench of this Court on merits. It is further submitted that the paper book is ready for final hearing. Therefore, appellant is not entitled to be enlarged on bail.
Without expressing any opinion on the merits of the case and considering the submissions advanced by learned counsel for the parties, we do not find any good ground to enlarge the appellant on bail.
The bail application of the appellant Prem Chand, convicted and sentenced in S.T. No. 581 of 1997 (State vs. Prem Chandra and Others) arising out of case Crime No. 64 of 1997, under Sections 147, 364/149, 302/149 and 201/149 I.P.C., Police Station Kaimganj, District Farrukhabad is, accordingly, List this matter in the next cause list for final hearing.
Learned counsel for the appellant has further pointed out that one of the appellant namely Dhanpal son of Vishunai has expired on 30.12.2013.
The C.J.M. Farrukhabad is directed to verify the said fact and submit a report regarding the death of appellant Dhanpal within a week.
The Registrar General is directed to send a certified copy of this order to the C.J.M. Farrukhabad for its compliance immediately.
(Krishna Pratap Singh,J.) Order Date :- 23.2.2018 A.K.Verma