Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45986 of 2017 Applicant :- Qayyum Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharda Prasad Mishra,Sharad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard Mr. Sharad Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is third bail application alongwith prayer for short term (parole) filed on behalf of applicant.
It is submission of learned counsel for the applicant that prayer regarding parole has been left out due to typing mistake and he may be allowed to incorporate the same.
Learned counsel for the applicant is allowed to make necessary corrections during the course of the day.
Supplementary affidavit has been filed today, which is taken on record.
It is submission of learned counsel for the applicant that first bail application and second bail application of the applicant were rejected by this Court vide orders dated 8.4.2016 and 13.1.2017 passed in Criminal Misc. Bail Application No.43624 of 2015 and 34038 of 2016. It is next submitted by learned counsel for the applicant that in spite of direction of this Court that matter be decided within one year from the date of order, but matter has not been decided as yet. An application under Section 311 Cr.P.C. moved from the side of the prosecution is pending and witnesses named in the application has not been turned up so far. It is next contended that father of applicant is seriously ill and bypass surgery of father of applicant is to be done. Due to illness of father of applicant, there is nobody to look after the father of applicant as well as family members and applicant is only bread earner of the family and it has been prayed by the learned counsel for the applicant that parole may be granted to the applicant. In this regard, papers regarding medical treatment of father of the applicant is also being annexed.
Learned A.G.A. could not dispute the above referred facts but submitted that short time may be given to the applicant for future medical care and treatment of father of the applicant keeping in view the illness of father of applicant.
Accordingly, the prayer for short term bail is hereby allowed. The applicant will be released for four months from jail on furnishing personal bond and two sureties of Rs.1 lac each. After completion of four months, the applicant will surrender before the court concerned and applicant will be sent to jail. A compliance report will be submitted by the court concerned, for the first time when the applicant is being released from jail and secondly when the applicant surrenders before the court concerned and sent to jail.
During the period of parole, the applicant will not leave the country and before releasing from jail the applicant will surrender the passport, if any, before the trial court and after his surrendering to custody, the trial court may return the passport. During the period of parole, the applicant will not misuse the liberty of parole and will not in any manner affect the trial before the court concerned by pressurizing any of the witnesses those are to be produced before the court concerned. In case of default of any of the conditions, then trail court will be having power to get the parole cancelled and sent the applicant in jail. In case of default, the same will also be reported to this Court immediately by the court concerned.
So far prayer of regular bail is concerned that cannot be allowed as the first and second bail application of the applicant have already been dismissed on merits and no new ground is being made from the side of the applicant. Non conclusion of trial within stipulated time cannot be a ground for regular bail.
The short term parole application is accordingly disposed of.
Order Date :- 22.2.2018 Ajeet