RAM SARAN PAL @ LALLU Vs. STATE OF UTTAR PRADESH- 21/04/2017
Grant of bail - The Appellant 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 the High Court rejected the bail application with the direction to the trial court to conclude the trial within a period of six months - The Court cannot permit the appellant to continue incarceration for a further period without the adjudication being finalized
Arijit Pandey, P.N. Tyagi, Sureshan P., Advocates, for the Appellant; Yoginder Handoo, Advocate, for the Respondent
ORDER
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.
