BHASKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard appellant's counsel and the learned A. G. A.

(2.) A prayer has been made for releasing the appellant on bail during the pendency of appeal. Appellant was duly tried for committing murder of one Prabhakar by firearm in Court compound in broad day light on 19-6-1995 at 10.30 a.m. With the help of police the witnesses succeeded in apprehending the accused on the spot with a country made pistol used in the commission of murder. The prosecution produced three eye witnesses, who fully supported the prosecution case and stated of appellant's arrest on the spot with the pistol used in the commission of murder. Motive alleged was that in the year 1991, appellant along with three others had committed murder of Vimal Kumar, father of first informant of the present case. The trial Court has found the evidence of the prosecution evidence wholly reliable and trustworthy and accordingly concluded that case against the appellant has been established beyond doubt and accordingly has convicted and sentenced the appellant to imprisonment for life.

(3.) Learned Counsel for the appellant submitted before the Court that the appellant is in jail for the last six years and the appeal filed in the year 2000 has not yet been heard nor is likely to be heard in near future therefore he be released on bail. In support of his contention learned counsel relied upon the decision of Apex Court in the case of Smt. Akhtari Bi v. State of M. P., 2001 (4) JT (SC) 40 wherein it was observed :