BHAGAUTI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present application is the second application for bail. The present application has been sent by the under trial Bhagauti Singh from Jail. Bhagauti Singh applicant is involved in case Crime No. 722-1988 under Sections 120-B/302 I.P.C. Police Station Hazratganj, Lucknow, RC. No. 2(5)/88 SIU (V)1 C.B.I. New Delhi. The first bail application was rejected by me 30/4/1991. On receipt of this application from jail, this court directed the office to hand over a copy of this application to Shri P. Dayal and Shri R. B, Khary Special Counsel for C.B.I. Shri P. Dayal And Shri R. B. Kahary thereafter filed counter affidavit in this case.

(2.) I have heard the learned Counsel for the opposite parties namely Shri P. Dayal and Shri R.B. Kh a rey.

(3.) The present bail application has been moved by the applicant Bhagauti Singh mainly on the ground that he is in Jail from August, 1988 and in view of the fact that Special Leave Petition in respect of discharge of Dr. Sanjay Singh and Amita Modi is pending before the Honble, Supreme Court of India, it is not expected that the trial would start in near future. The main grievance of the petitioner is that he is in Jail since August, 1988 but even his trial is not going to commence and, therefore he prayed that he may be released on bail. On behalf of the opposite parties it is alleged that the prosecution is not responsible for this delay and, in fact, the prosecution, in good faith, filed a petition for Special leave to appeal before the Honble Supreme Court for setting aside the orders passed by the Trial Judge as well as the High Court; The main contention of the opposite Counsel is that the systematic delay cannot be taken into account for considering the question of bail. In support of his contention, he relied upon the case of Abdul Rahman Antulay and others v. R.S. Nayakand another in which Honble Supreme Court while considering the question of speedy trial, took the following view: