AMZAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The learned AGA has filed a counter affidavit, which is taken on record.

(2.) Heard Sri. Rajeev Sahani, learned counsel for the appellant and Sri. Awadesh Kumar Saxena, learned AGA appearing for the State and perused the record.

(3.) At the very outset, learned counsel for the appellant submits that the first bail application of the appellant was rejected by another Bench of this Court on 20.09.2012. He submitted that the maximum sentence awarded to the appellant is seven years R.I. under Section 307 IPC, out of which he has already served out almost four years in jail, hence he filed a second bail application No. 142448 of 2014, relying on the judgment of Apex Court in the cases of Kamal v. State of Haryana, 2004 13 SCC 526; Akhtari Bi v. State of Madhya Pradesh, 2001 AIR(SC) 1528 and Takht Singh v. State of Madhya Pradesh, 2001 10 SCC 463; wherein the Apex Court has held that in case the accused has undergone substantial period of detention and there is no prospect of the appeal being heard in the neat future, accused is entitled to be released on bail. He suggested that as the appellant has already served out substantial period of sentence in jail and the appeal is listed for final hearing also, hence alternatively the appeal be decided on the question of sentence only and his second bail application be dismissed as not pressed, hence the Court proceed to hear and decide the appeal on behalf of the appellant on the question of sentence only.