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1987 DIGILAW 410 (ALL)

Kaptan Singh v. State of U. P

1987-04-06

V.P.MATHUR

body1987
JUDGMENT V.P. Mathur, J. - An order passed by this Court on 3rd February 1986 was to the effect that parole was granted to the applicant Kaptan Singh for a period of three months from the date of release. A further direction was issued to the trial court to complete the hearing of the case within a period of four months from 3rd February 1986 and if within the stipulated time it is not done, the applicant was to bring the facts to the notice of the court for such further orders, as may be deemed necessary. Now this present application is moved bringing it to the notice of the Court that more than four months time has already elapsed, but the case has not yet been completed. It is now conceded that two prosecution witnesses only have been examined. The order sheet from 7.2.86 onwards has been placed on the record and I have carefully perused it. It appears that for one reason or the other either because the Judge had been transferred or because of the accused wanted the appointment of an Amicus Curiae or because some of the accused did not attend the Court on some gates fixed, the case could not proceed. There is an application dated 11th December, 1986 by counsel for the accused Radhey and Santosh to adjourn the case for one month. It appears that the application was not allowed, because the applicants were subsequently represented. However, if remains that the case has not been completed. In the meanwhile another Bench of this Court while disposing of the Crl. Misc. Application No. 11739 of 1986 moved bail, vide order dated 2nd April 1987 on the ground that he had been in Jail custody since 1981 and the trial has not yet completed. The circumstances of the case before me are similar. Therefore admit Kaptan Singh to bail on his executing a personal bond in the sum of Rs. 5,000.00 with two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Mainpuri subject to the condition that the applicant shall not indulge in any unlawful activity and shall attend the court on every date fixed. Breach of any of the conditions shall entail cancellation of bail of the applicant.