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RAIS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rais v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8468 of 2005 [2005] RD-AH 1560 (5 July 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.43

Criminal Misc. Application NO.8468 of 2003

Subhash and others...................................Applicants.

Vs.

State of U.P and another......................     Respondents.

Hon.K.N.Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. and perused the impugned order.The applicant has been  facing  agony  of the trial right since 1993 i.e about 12 years. The case was listed for statement of accused under Section 313 Cr.P.C. After that  the application was given by complainant Rajesh Kumarand one witness Komal Prasad for evidence. The Court passed an order for bailable warrant . The order was passed on the applications of two witnesses Rajesh Kumar and Komal Prasad  and there was no occasion for issue of any warrant if the witnesses were present in the court and application was going to be allowed. They would have been examined. The prosecution cannot be pemitted to call the accused in the court for examination and harrassment  for indefinite period. It is, therefore,  directed that the concerned court shall proceed the hearing of its case on day to-day basis and positively conclude the trial within 30 days from the dateof production of acertified copy of this order.

       With this direction, the application is disposed of finally.

The copy of this order be sent to the trial court forthwith.

Dt.5.7.2005.

G.S(3)(8468)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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