Hon'ble Mrs. Manju Rani Chauhan, J. rejected the second bail application of Sajid in a murder trial where 11 out of 13 witnesses were examined, finding no good reason to enlarge him on bail and directing speedy trial conclusion within three months.
Bail application rejected; trial to be concluded within three months.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44253 of 2022
Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Choudhary Counsel for Opposite Party :- G.A.,Khalid Mahmood
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This second bail application has been filed by the applicant Saijd with a prayer to enlarge him on bail in Case Crime No.93 of 2017 under Sections 147, 148, 149, 307, 302, 504, 506, 326 I.P.C., Police Station-Kharkhuauda, DistrictMeerut during pendency of trial.
The applicant was earlier released on bail vide order dated 19.09.2017. Thereafter, the respondents approached the Apex Court. Vide order dated 15.11.2021, the Apex Court directed the trial court to conclude the trial within a period of six months. At that time, only five witnesses were examined. From the report of A.S.J., Meerut, 11 witnesses have been examined and due to the prevailing pandemic COVID-19, there has been delay in concluding the trial. From the records, it is also clear that FIR is with respect to murder of two minor children. This Court is not inclined to consider the bail application wherein out of 13 witnesses, 11 witnesses have already been examined and only formal witness are left to be examined by the trial court.
Learned A.G.A. also opposed the prayer for bail.
In view of the above, I do not find any good reason to exercise my discretion in favour of the accused-applicant. This second bail application filed on behalf of the applicant stands rejected.
However, it is expected that the trial court shall make all sincere endeavours to expedite the proceedings of the trial and conclude the same, in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Office is directed to communicate this order forthwith to the concerned court for necessary compliance.
Order Date :- 6.12.2022 Madhurima
Digitally signed by MADHURIMA GARG Date: 2022.12.19 11:34:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether discretion should be exercised in favour of the accused-applicant for second bail application after 11 witnesses examined.
Whether trial proceedings have been expedited as per Apex Court directions.
Sajid
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
