SHIVA PAL KORI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned State counsel. The learned counsel has submitted that though the applicant is in jail since 10.4.1994 but even charges have not yet been framed in the trial. He has drawn the attention of the Court towards the copy of the order sheet of the case which is on record form 23.8.1994 to 14.9.1995. The order sheet indicates that session trial was transferred to the Court of IIIrd Addl. Sessions Judge, Kanpur Nagar on 24.8.1994 and several dates have been fixed since then but charges have not yet been framed. It is needless to emphasize that where the accused is in custody, the trial should be concluded expeditiously. The learned Sessions Judge concerned is, accordingly, directed to proceed with the trial as expeditiously as possible so as to conclude it at an early date.

(2.) THE report of C.M.O., Kanpur Nagar was called for by the order dated 31.10.1995 and C.M.O. has sent a report dated 23.11.1995 stating that the applicant is suffering from T.B.

(3.) LET the applicant Shiva Pal Kori son of Shiv Narayan Kori involved in case crime No. 60 of 1994 under Section 302 I.P.C., P.S. Sachendi District Kanpur -Nagar be released on parole for a period of three months from the date of his release on his furnishing two sureties and a personal bond to the satisfaction of C.M.M., Kanpur -Nagar. The applicant shall file a certified copy of this order before the learned Sessions Judge where his trial is pending. The C.M.M., Kanpur Nagar shall pass the release order after ensuring that the certified copy of this order has been filed before the learned Sessions Judge concerned.