Court No. - 36
Case :- JAIL APPEAL No. - 147 of 2012 Appellant :- Sultan Respondent :- State Of U.P.
Counsel for Appellant :- From Jail,Arvind Kumar Mishra,Gaurav Kakkar Counsel for Respondent :- A.G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Ref: Criminal Misc. Bail Application No. 224464 of 2016
Heard Sri Gaurav Kakkar, learned counsel for the appellant and Sri Ashish Pandey, learned AGA for the State.
It has been argued by the learned counsel for the appellant that the deceased though was shot by fire arm by the appellant but he received one single shot injury in his neck and the appellant is still languishing in jail for the last nine years.
Learned A.G.A. has opposed the prayer for bail and submitted that the appellant has shot the deceased from a close range.
Without expressing any opinion on the merits of the case and considering the submissions advanced, we find no good ground for enlarging the appellant on bail.
The bail application of the appellant Sultan involved in S.T. No. 132 of 2008 (State of U.P. Vs. Sultan) in Case Crime No. 304 of 2007 under Section 302/504 IPC and in S.T. No. 133 of 2008 (State of U.P. Vs. Sultan) in Case Crime No. 317 of 2007 under Section 25 Arms Act, Police Station Singhawali Aheer, District Baghpat is, accordingly rejected at this stage.
Office is directed to prepare the paper book within three months.
It is also made clear that if the appeal is not finally heard and decided within three months after preparation of the paper book, i.e., within six months from today, the appellant may renew his prayer for bail.
(Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 18.4.2017/Madhurima