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2001 DIGILAW 172 (ALL)

RAM DAS v. STATE OF U P

2001-02-19

J.C.GUPTA

body2001
J. C. GUPTA, J. Counter-affidavit filed by Investigating Officer, Sri A. S. Jafri, Sub-Inspector is taken on record. The Senior Superintendent of Police, Ghaziabad Sri Prashant Kumar is also present in person and his produced photo stat copy of the case diary. The Court has also considered the explanation given in para 3 of the counter-affidavit. 2. The first bail application moved on behalf of the applicant was rejected by Honble P. K. Jain, J. vide order dated 10-7-2000. The bail is now being claimed on the ground of parity and it is pointed out that co-accused Suboth has been enlarged on bail vide order dated 17-10-2000 while another co-accused Sudhir has been al lowed bail by the Sessions Judge. Learned A. G. A. , however, submitted that when bail application of Subodh was heard and considered the fact that the bail of co-ac cused Ram Das has already been refused by another bench of this Court could not be brought to the notice of the Court nor the entire case diary was produced. It was also argued that it cannot be disputed that Maruti Van in question was stolen in the night between 31-12-1999 and 1-1-2000 and thus the murder of its driver Chandrapal was committed. The matter was reported on the next day. The ap plicant and the co- accused Subodh were apprehended along with stolen vehicle and no plausible explanation is forthcoming from the applicants side regarding his presence in the said vehicle. Blood stains were also found in the vehicle and a knife was recovered from the possession of the applicant. The applicant is a resident of district Shaharanpur. 3, Considering the facts and cir cumstances of the case, the Court is not inclined to enlarge the applicant on bail. The application is rejected. However, the trial Court is directed to expedite and con clude the trial strictly in accordance with the provisions of Section 309, Cr. P. C. On day to day basis. The S. S. P. Ghaziabad is also directed to ensure production of wit nesses before the trial Court on the dates fixed and the trial Court shall make every endeavour to conclude the trial within four months from the date of communica tion of this order. Application rejected .