Court No. - 51
Case :- CRIMINAL APPEAL No. - 5710 of 2011 Appellant :- Sher Mohd.
Respondent :- State Of U.P.
Counsel for Appellant :- Ram Babu Sharma,Sudarshan Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a second bail application moved on behalf of applicant Sher Mohd. Fist bail application was rejected by another Bench of this Court vide order dated 01.02.2012.
Heard Sri Ram Babu Sharma, learned Senior Adovoate for the applicant/appellant and learned A. G. A. for the State.
We have perused the record which shows that specific role was assigned to the appellant. Appellant has discharged shots causing injury to Km. Shabana and Nasim. Nasim was one year old child, he was in the lap of Km. Shabana and Km. Shabana was aged about 12 years.
Contention of the learned counsel for the applicant/appellant in the second bail application is that he is in jail since 29.07.2011.
Learned A.G.A. has opposed the prayer for bail.
However, looking to the fact that period of incarceration in jail since 29.07.2011 is not a ground for bail, no case for grant of any indulgence has been made out.
Accordingly, the application for bail is rejected.
However, keeping in view the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
It is being made clear that in case hearing of the appeal is not concluded within a period of one year from today, liberty is given to the appellant to file a fresh bail application after a period of 14 months from today.
Order Date :- 17.9.2018 Swati