Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27991 of 2016 Applicant :- Ram Narayan Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant.
This bail application is filed under Section 439 Cr.P.C. against the order passed by the learned Sessions Judge dated 19.7.2016 by which the learned court below has rejected the bail application of the applicant.
Admittedly, the applicant is convicted for life imprisonment in a case under Section 302 IPC and is in jail in Case No. 281 of 2003, under Section 302, 201 IPC, P.S. Jalaun.
The facts reveals that during the period of undergone an incident took place at the jail premises (Orai District Jail) on 28.3.2010 at about 11 a.m. when the present applicant Ram Narayan along with other convicted persons namely Sughar Singh, Lala, Raja, Munna, Raju Titara and police personnel of the said jail namely Rajkumar, Nipendra, Ram Autar, Anil Sharma beated Prince and Nazir who were also convicted in some criminal cases. It is also alleged that applicants also thrown hand bombs upon said two persons and also compelled Prince to intake urine. On account of such illegal and unhuman act and excess torture and beating both the persons namely Prince and Nazir died hence a case under Section 147, 148, 149, 304 and 307 IPC has been lodged which is registered as Case Crime No. 500-A/2010, S.T. No. 82 of 2012.
Learned counsel for the applicant has informed the Court that the present applicant has been convicted for life imprisonment in the above referred case related to section 302 IPC and has already undergone for 9 years and 8 months (nine years and eight months).
Learned counsel for the applicant therefore submits that in such peculiar facts of the case pending trial be expedited so that the justice be done.
Learned AGA Sri Bhanu Prakash Singh has no objection so far as the prayer for expedite trial is concerned.
In view of the above the present bail application is rejected with a direction to the trial Court to expedite the pending proceedings and decide the case (trial) on merit preferably within a period of six months or 31st May 2020, whichever is earlier.
Order Date :- 29.11.2019 S.S.