MOHAMMAD MIAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant, Mohammad Mian, is being prosecuted for committing the offence punishable under Section 302 I.P.C., P.S. Ojhani, District Budaun.

(2.) According to recital in the F.I.R., Budha was shot dead by the applicant, Mohammad Mian, on 20-6-1989 at 7.00 P.M. near the culvert of Bilsi Road, Ojhani. A charge sheet was submitted against the applicant under Section 302 I.P.C. and the case S.T. No. 240 of 1989 - is pending in the court of learned sessions Judge, Budaun.

(3.) The main contention of the learned counsel for the applicant is that there has been inordinate delay in the trial of the case and as the applicant has been in jail for more than two years, he may be enlarged on bail. Reliance has been placed upon the case of Hussainara v. State of Bihar, AIR 1979 SC 1360. In the case of Hussainara the Supreme Court has observed as follows :-