VIJAY KUMAR JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.)

(2.) HEARD learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

(3.) IT is admitted to the parties that accused applicant has now at present been in custody under Sections 419, 420, 471 IPC, which provides a maximum punishment of seven years out of which offences punishable under Sections 419 and 471 IPC are bailable. IT is also admitted that after framing the charge, date for prosecution evidence was fixed 16.9.2011. IT is further admitted to the parties that further proceedings of the trial has been stayed by the High Court, vide its order dated 8.9.2011 and, therefore, trial has not been concluded within a period of 60 days from 16.9.2011, the first date fixed for taking evidence in the case and during the whole of this period, applicant was in jail. IT is also admitted to the parties that applicant is being remanded to custody by the Magistrate under Section 309 Cr.P.C. Parties do admit that in criminal revision no.3500 of 2011, filed by Rakesh Srivastava (Nyayik), the High Court has already stayed further proceeding of the trial. However, High Court has made it clear that disposal of bail application and other incidental matters including remand etc. are not affected by the said stay order dated 8.9.2011.