Heard learned counsel for the appellants, learned counsel for the respondent no.2 and learned AGA for the State and perused the record.
This appeal has been filed by appellants Satyaprakash and Kripashankar @ Kriparam against the impugned order dated 30.05.2020 passed by learned Special Judge, SC/ST Act, Etawah passed in Bail Application No.554 of 2020, arising out of Case Crime No. 78 of 2017, under Sections 147, 149, 323, 504, 302 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Sahson, District Etawah by which the second bail applications of the appellants have been rejected by the learned Special Judge, SC/ST Act, Etawah. Aggrieved by the rejection order this appeal has been filed.
Submission of learned counsel for the appellant is that initially the bail application of the appellants was rejected by the coordinate Bench of this Court and the order is annexed at page 22 of the appeal in which it was directed by the Court to expedite the trial and conclude the same on day today basis. Further submission is that even after lapse of about two years there is no progress in trial. Meanwhile, some of the accused persons who were assigned the main role in the commission of the offence have been released on bail by order passed in Criminal Appeal preferred by them. It has been further submitted that the appellants are in jail from the last about 44 months and as the trial court has not been able to ensure the compliance of the order of this Court, therefore, the impugned order rejecting the bail application suffers from illegality and is liable to be set aside. Further submission is that appellants have no criminal history and there is also no possibility of their either fleeing away from the judicial process or tampering with the witnesses.
Learned AGA and learned counsel for the respondent no.2 have vehemently opposed the prayer and submitted that the first bail application was rejected and the appeal filed against that order was also rejected. This cannot be a ground for allowing the appeal if the evidence has not been completed particularly keeping in view the spread of Pandemic of Covid-19 during that period.
Considered the submissions of both the sides. The learned Special Judge has mentioned in the impugned order the argument of the Special Prosecutor in which he has submitted that because of lock-down and non-functioning in the Court the evidence could not be completed. On a perusal of the order sheet which has been annexed with the memo of the appeal it appears that on 5.3.2020 cross-examination of PW-1 was completed. Thereafter, the order sheet shows that because of lock-down nothing could happen towards progress of the trial. If the trial has not been concluded that can not be a good ground for allowing the appeal. Moreover, because of spread of Pandemic the functioning in the Court remained irregular and that also contributed for the non-completion of the trial in the court below. As such, I do not find any illegality in the impugned order and the appeal is liable to be dismissed.
Accordingly, the appeal is dismissed.
It is however, directed that the learned trial court shall expedite the trial on day today basis and ensure the disposal of the case within eight months from the date of the production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 17.8.2021 Mini