Court No. - 52
Case :- CRIMINAL APPEAL No. - 3220 of 2018 Appellant :- Rakesh Respondent :- State Of U.P. And Another Counsel for Appellant :- Praveen Kumar Singh,A/S2642 Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant and learned AGA.
The present appeal has been filed by the applicant against the judgement and order dated 16.5.2018 passed by Additional Session Court no. 2, Saharanpur in S.T. No. 35 of 2017 (State vs. Rakesh and another) in Case Crime no. 42 of 2017, u/s 302, 452 IPC and 3(2)5 SC/ST Act, P.S. Nanauta, District Saharanpur whereby the bail of the applicant has been rejected.
The appellant had already preferred an appeal against the order passed by Special Judge in Bail application no. 1082 of 2017, which was challenged in Criminal Appeal no. 278 of 2018; this Court vide order dated 16.4.2018 rejected the bail application and consequently appeal was also dismissed while recording that role of causing injury to the deceased has been attributed to the applicant, which is consistent in the F.I.R. and in the statement of the witnesses recorded during investigation; thereafter, appellant again moved an application before Special Judge on the ground of delay in the trial, the same has been rejected vide order challenged in the instant appeal dated 16.5.2018.
It is stated that PW-2 was examined on 13.11.2017 and after that not a single witness has been examined by the prosecution and adjournments are being sought by the prosecution; the applicant is incarcerated since 31.3.2017, therefore, the appellant may be enlarged on bail.
Considering the role attributed to the applicant and merely on the ground of delay of trail, I do not find any good ground to interfere in the order passed by the Special Judge rejecting the bail application of the applicant for the second time.
The bail denied, appeal is dismissed.
However, in view of the fact that the appellant is in jail since 31.3.2017, the trial court is directed to expedite and conclude the trial within a period of six months from the date of production of certified copy of the order and also adopt all coercive measure to secure attendance of the witnesses and make all endevour to conclude the trial within the aforesaid period.
Order Date :- 26.10.2018 Dhirendra/