SUPREME COURT OF INDIA
( Before : J. Chelameswar and S. Abdul Nazeer, JJ. )
RAM SARAN PAL @ LALLU — Appellant
STATE OF UTTAR PRADESH — Respondent
Criminal Appeal No. 771 of 2017 (Arising out of S.L.P. (Crl.) No. 10338 of 2015)
Decided on : 21-04-2017
Criminal Procedure Code, 1973 (CrPC) – Section 439
Counsel for Appearing Parties
Arijit Pandey, P.N. Tyagi, Sureshan P., Advocates, for the Appellant; Yoginder Handoo, Advocate, for the Respondent
S. Abdul Nazeer, J.—Leave granted.
2. The Appellant Ram Saran Pal alias Lallu is facing trial for the offences punishable under Sections 147, 148, 149, 302, 404 and 341 of the Indian Penal Code. He has been in custody for more than six years. He had moved the High Court for grant of bail on an earlier occasion. However, by order dated 21.11.2014 the High Court rejected the bail application with the direction to the trial court to conclude the trial within a period of six months. In spite of the said order, no noticeable progress has been attained in the case. The other co-accused have been bailed out.
3. In the circumstances, we cannot permit the appellant to continue incarceration for a further period without the adjudication being finalized. We, therefore, order him to be released on bail on execution bond with two solvent sureties to the satisfaction of the trial judge. We permit the trial judge to impose such conditions as he feels necessary for ensuring the appellant’s attendance on the dates of posting in the trial court.
4. This appeal is disposed of accordingly.
Citation : (2017) 4 Judgements Today 433