HASAN ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) Applicant Hasan Abbas, who along with nine other accused persons is standing trial for offences under Section 147/148/ 302/307/452/504/506 I.P.C. before the Sessions Judge. Moradabad has applied for being released on bail.

(2.) The occurrence in this case took place on 13.5.1990. The Sessions Trial No. 498 of 1990 was committed to the court of sessions on 25.7.1990. This bail application was initially moved on 12.3.199 1 inter alia on the ground that it has not been specified in the F.I.R. that the shot fired by the applicant hit the victim, his case is similar to the two accused who have been granted bail in this case, the F.I.R. was delayed and there are no chances of the applicant absconding or tempering with witnesses. During the course of arguments, however, emphasis was laid on the point of delay in trial before the Sessions Judge.

(3.) On behalf of the first infomant a counter and a supplementary counter affidavit have been filed with copies of order sheet and other documents from the record of the trial concerned. It has been vehemently denied in the counter affidavit that any delay has been caused in the trial at the instance of the prosecution or due to court, rather the accused themselves on several dates stalled the proceedings.