The High Court dismissed the bail application of an accused charged withIPC offences. The court held that the offence was grave and bail was not made out, but directed the trial court to conclude the trial within one year.
Trial to conclude within one year; strict coercive measures against absent witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 60049 of 2022
Applicant :- Jagpal Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Singh,Abhishek Singh,Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 331 of 2022 at Police Station Shahbad, District Rampur under Sections 323, 504, 506, 308 IPC. The applicant is in jail since 29.11.2022.
The bail application of the applicant was rejected by the learned trial court on 08.12.2022.
The applicant has been identified as the principal offender who inflicted life grievous to the injured. From the facts and circumstances, it appears that the applicant had a common intent with others to inflict grievous injuries to the informant and his party. Injuries are life threatening. F.I.R., statement of the injured and the medical report corroborate the prosecution case. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
Interest of justice will not be supported by enlarging the applicant on bail at this stage. However, justice will be
served by directing the learned trial court to expedite the trial within a stipulated period of time.
Without going into the merits of the case, the bail application is dismissed.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned
trial judge through the learned District Judge, Rampur by the Registrar (Compliance) by FAX.
Order Date :- 8.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the lodged case.
Whether to direct the trial court to expedite the trial within a specific timeframe.
Jagpal
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
