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1987 DIGILAW 504 (ALL)

Kumar Pal Singh v. State of U. P

1987-04-24

V.P.MATHUR

body1987
JUDGMENT V.P. Mathur, J. - Order on separate sheet. 2. This order shall govern Bail Application No. 11740 of 1986 Kumar Pal Singh v. State of U.P., and Criminal Bail No. 11741 of 1986 Santosh alias Santosha v. State of U.P. 3. It is not disputed that since 7th Nov. 1982 Kumar Pal Singh is in Jail custody and since 14.12.81 Santosh alias Santosha is also in jail custody and the trial has not yet concluded. The matter was considered in the case of Kaptan Singh son of Moti Singh in Criminal Bail Application No. 3912 of 1986 and it was observed that for one reason or the other since 7.2.86 on wards the hearing of the case has not been made. Reasons are that either the Judge had been transferred or because some of the co-accused wanted an Amicuseurtae to be appointed or because on some of the dates some of the accused did not attend the Court. It has also been now brought to my notice that the learned District and Sessions Judge before whom the case is proceedings has made a spot inspection of the place of occurrence and now some application on behalf of some of the accused is pending before him raising certain objections against his inspection and requesting a fresh inspection. Whatever may be the reason, it remains that the case has not yet completed. Another bench of this Court in Criminal Bail Application No. 11741 of 1986 has granted bail to Shyam Veer Singh co-accused on 2.4.87 on the mere ground that he has been in jail custody since 1981 and the trial has not yet completed. Notice of this fact has been taken in the case of Kaptan Singh (supra) and the bail has been granted to him too. In this view of the matter the case of Kumar Pal Singh and Santosh alias Santosha canot be distinguished. 4. Let both of them be admitted to bail on each of them executing a personal bond in the sum of Rs. 5,000 and furnishing two local reliable sureties each in the like sum to the satisfaction of the Chief Judicial Magistrate, Mainpuri. V.P. Mathur.