(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail making two fold prayer viz. (1) to hear the appeal as expeditiously as possible or (2) in the alternative to grant Regular Bail.
2. The Criminal Appeal was admitted on 04.09.2008 along-with Criminal Miscellaneous Application No.11209 of 2008 which was not pressed and the same was disposed of as not pressed. In the said Order, the Court was pleased to observe that, "However, it is made clear that if the appeal is not fixed for hearing within a period of one year, then, it shall be open to the applicant to apply afresh for bail and on such application preferred by the applicant, the same will be decided on merits and in accordance with law."
3. The jail remarks are produced on record. On perusal of the same, it is noticed that out of seven years imprisonment, the convict has undergone as on 23.06.2012, four years, four months and three days in jail.
4. In light of this, the Court is of the considered opinion that the first prayer of hearing of appeal as expeditiously as possible is required to be granted and hence the same is allowed. The application is disposed of.
5. The Registry is directed to list the Criminal Appeal at Seriatim.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top