NATHU Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the third application on behalf of the applicant Nathu for bail charged under section 302/307 IPC Crime no. 563 of 1985, Police Station Civil Lines, District Rampur.

(2.) ON earlier two occasions, the bail application had been rejected on merits. Alongwith the instant third bail application, a certified copy of the entire order sheet of the court of Sessions has been filed which has been accepted and taken on record. I have perused the order sheet which discloses that the applicant/accused had been taken into custody as far back as in December 1985. Thereafter, he was committed to the court of Sessions alongwith other co-accused to stand trial on 12-2-1986. ON 26-2-1986, the learned Sessions Judge deferred the case to 13-3-1986 for framing of charges and subsequent to it, as many as 20 dates have been fixed for framing of charges against the applicant by the learned Sessions Judge but framing of charges is yet to materialise.

(3.) IN the instant case the shocking apathy of the court below towards speedy trial of the applicant verging on the infringement of his legal and constitutional rights is increasingly disconcerting and reveals a dismal state of affairs at the lower level. A bounden duty is cast on the trial court to ascertain that the cases of the under trials who are languishing in jail, should be concluded as quickly as possible. Learned Judges must bear in mind that the delay in disposal of trial amounts to trampling upon the legal and constitutional rights of an accused and refusal of the court to act with alacrity in such a situation would be punishing an accused before he is tried and a finding of guilt or sentence is arrived at.