Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45118 of 2018 Applicant :- Ravi Mavi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Chandra Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a third bail prayer on behalf of the accused-applicant in case crime no.361 of 2014 u/s 302 IPC PS Kasna District Gautam Budh Nagar. The first and the second bail applications were rejected by this Court vide orders dated 3.3.2016 and 29.8.2017 respectively.
Contention of the learned counsel for the applicant is that in both the orders even though specific direction was issued to the concerned court below to conclude the trial within one year and eight months respectively, trial has not yet been concluded. Further contention is that the applicant is in jail since 15.4.2014 and in case, he is enlarged on bail, he will not misuse the liberty of bail.
I have perused the earlier bail rejection orders passed by this Court.
The Court has been informed by the learned counsel for the applicant that till date only three witnesses have been examined.
Looking to the gravity of the offence, I am not inclined to grant bail to the applicant. However considering the fact that the applicant is in jail since 15.4.2014 and the trial has not yet been concluded, he cannot be further incarcerated into jail for the reason that the trial court is not in a position to conclude the trial expeditiously, which is one of the fundamental rights under Article 21 of the Constitution of India. To incarcerate an accused for an unlimited period at a pre trial stage without his trial being concluded expeditiously as has been mandated under section 309 Cr.P.C. will not be in the interest of justice. However be that as it may, I consider it appropriate to release the applicant on short term bail/parole for a period of three months starting from 1.5.2019. Accused-applicant Ravi Mavi shall be released on short term bail/parole on his furnishing a personal bond of Rs. two lacs with two solvent sureties each of Rs. two lacs in the like amount to the trial court concerned on the said date.
Both the sureties shall be his family members and/or relatives.
Accused-applicant is directed to surrender before trial court on 30.7.2019.
The bail application shall come up for orders on 5.8.2019.
Meanwhile learned trial Judge is directed to conclude the trial within the intervening period.
In the event trial is concluded interregnum and the applicant is acquitted, applicant need not surrender and in that eventuality, he is directed to file an affidavit along with certified copy of the judgment of the trial Judge before this Court.
It is further being made clear that in case the trial is concluded interregnum and the same ends in a conviction, the applicant shall immediately be taken into custody in accordance with law and notwithstanding anything contained in this order.
Order Date :- 26.4.2019 SP