Citation : 2013 Latest Caselaw 5509 ALL
Judgement Date : 5 September, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31898 of 2012 Applicant :- Ranveer Opposite Party :- State Of U.P. Counsel for Applicant :- R.P.S.Chauhan Counsel for Opposite Party :- Govt.Advocate Hon'ble Kalimullah Khan,J.
Heard learned counsel for the applicant and the learned A.G.A. Perused the record.
The first bail application has been rejected on merit vide order dated 18.5.2012 passed by this Court.
This second bail application has been pressed on the ground of delay in trial. The charge against the applicant in the case of double murder was framed in the year 2010, but so far no prosecution witness has been examined, which is highly objectionable. The order sheet filed by the learned counsel for the applicant shows that the case is being transferred from the court of one Judge to another Judge at a number of times. However at present the trial is pending before the learned Additional Sessions Judge Court, No.3, Rampur.
It appears that very lethargic attitude has been adopted by the concerned trial judge as there is no progress of the trial of the under trial prisoner.
The trial court is directed to explain his conduct, as to why he has not ensured the presence of witnesses of fact to record their evidence by taking coercive steps against them, positively by 23rd September, 2013, the date fixed for further orders.
Registry is directed to write a letter to the learned Sessions Judge, Rampur to look into the matter personally and monitor the trial and sit tight over the matter to ensure its expeditious disposal onwards. The District Judge is further directed to submit his own report by explaining the cause of delay in the trial in such a heinous offence of double murder.
List on 23rd September, 2013.
Order Date :- 5.9.2013
Mustaqeem.
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