VIJAY SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant, Vijay Singh has made a request for bail in appeal filed against his conviction for offence under Section 498-A, 304-B I.P.C. and D.P. Act in S.T. No. 1294 of 1996 decided on 5-3-1998 passed by Ist Additional Session Judge, Aligarh.

(2.) I have heard Sri G.P. Dixit, learned counsel for the appellant, Vijay Singh and the learned A.G.A.

(3.) It is contended that the appellant is in jail since April, 1996 i.e., since last four years. Learned Counsel has referred to decision of the Apex Court in the case of Takhat Singh v. State of M.P., (1999) 10 JT 438. In this case, the appeal against the conviction for offence under Sec. 302 I.P.C. was pending before High Court. The appellants applied for bail and it was rejected indicating that the appellants can renew their prayer for bail after one year. After one year second bail application was moved which was also rejected. Therefore, the convicts filed appeal before the Hon'ble Supreme Court. It was observed by the Apex Court that the appellants were already in jail for over three years and three months. That there is no possibility of early hearing of the appeal in the High Court. The bail was therefore, granted by the Apex Court. It is contended that in the present case the appellant, Vijay Singh is in jail for over four years and there is no possibility of the appeal being heard early, therefore he is entitled to bail.