Court No. - 40
Case :- CRIMINAL APPEAL No. - 1237 of 2013 Appellant :- Sharafat And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Ritu Dhaka,Faraz Kazmi Counsel for Respondent :- Govt. Advocate
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Ref:- Criminal Misc. IInd Bail Application No. 10 of 2018.
Heard Sri Noor Mohammad learned counsel for the applicant-appellant no. 1 'Sharafat' on whose behalf this IInd Bail Application has been moved.
The bail at the time of the presentation of the appeal on behalf of both the appellants was rejected vide order dated 27.08.2015 after considering the arguments which reflect that the appellants are two real brothers of the deceased who are alleged to have committed the murder of their sister on account of the prima facie facts referred to in the said order.
The order sheet indicates that one of the earlier counsel gave a statement on 13.08.2015 that she has no instructions in the matter whereafter the bail application was considered and rejected on 27.08.2015 after hearing the learned counsel for both the appellants.
The lower court records have already been received but the paper book has not yet been prepared. This IInd Bail Application has been filed on the ground of period of incarceration as it is urged that more than seven years imprisonment has already been undergone by the appellants. Learned counsel has relied on the order of the Supreme Court in the case of Madan Singh Vs. The State of Madhya Pradesh dated 14th May, 2018 in Special Leave to Appeal (Criminal) No. 1319 of 2018. Learned counsel submits that in that case also the period of custody was more than seven years, and consequently, in the wake of the fact that the appeal is not likely to be disposed of shortly, the prayer for bail was allowed.
In the present case, the lower court records have already been received. On the suggestion of the Court to the learned counsel to proceed with the appeal, he submitted that he will have to take instructions for final hearing in the matter.
The matter can be heard finally as well but on account of the aforesaid situation that emerges, we direct the office to prepare the paper book of the appeal within three weeks. Learned counsel for the appellants may also complete his instructions and the appeal shall be listed thereafter for hearing.
The period of incarceration does not appeal to us on the facts and circumstances of the present case for release of the appellants. The IInd Bail Application is rejected with the aforesaid observations.
Order Date :- 14.9.2018 S.Chaurasia