Court No. - 46
Case :- CRIMINAL APPEAL No. - 7154 of 2009 Appellant :- Riyaz Uddin Respondent :- State Of U.P.
Counsel for Appellant :- Mohammad Nizam Uddin,Noor Mohammad,Omkar Nath Rai,Radheyshyam Shukla,Saurabh Basu Counsel for Respondent :- Govt. Advocate
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Third bail application has been moved on behalf of the applicant Riyaz Uddin to release him on bail in Sessions Trial No. 217 of 2005, arising out of Case Crime No. 425 of 2004, under Section 302 I.P.C., Police Station-Tilhar, District- Shahjahanpur during the pendency of appeal.
It is submitted by the learned counsel for the appellant that the appellant was on bail during trial. He has been languishing in jail since 04.11.2009 about 10 years have elapsed hence the applicant may be released on bail.
There is no prospect of appeal being heard in near future due to heavy docket. The life and liberty of the appellant cannot be smashed in the guise of false implication and due to pendency of appeal.
Per contra learned A.G.A. contended that the appellant is involved in serious offence. The medical evidence fully corroborates the prosecution case, hence mere long incarceration of appellant will not mitigate the gravamen of the offence. The two bail applications on behalf of the appellant have been dismissed considering the merit of the case.
Having regard to the submission of learned counsel for the parties and looking to the gravity of offence, the first bail application has been rejected by another Bench vide order dated 15.09.2011. The second bail application has been rejected vide order dated 10.02.2015 expediting hearing of the appeal, this Court does not find any justifiable ground to release the appellant on bail.
Accordingly, the third bail application is rejected.
The appeal has already been expedited, let the case be listed for final hearing in the next cause list.
Order Date :- 25.7.2019/Rahul.