MUSHTAQ Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of the State is on record of which the learned counsel for the applicant does not want to file any rejoinder affidavit. Heard learned counsel for the applicant and learned Additional Government Advocate. It is a case where from the possession of the applicant one kg two hundred fifty grams of Charas is said to have been recovered, sample of which was sent for analysis where the same was found to be Charas. It has been argued by the learned counsel for the applicant that the applicant is in jail for about six years, but the trial has not yet been concluded. In paras 8 and 10 of the counter affidavit it has been indicated that the recovered article, which was sent for analysis, was found to be Charas, Annexure CA-2 annexed along with the counter affidavit shows a long criminal history of the applicant. Not a fit case for bail. Prayer for bail is refused. However, trial court is directed to proceed with the trial and try to conclude it expeditiously, say within a period of six months from the date a certified copy of this order is produced. It is clarified that adjournments, taken by either of the parties, shall not be counted towards the period indicated above. Let a copy of this order be sent to the court concerned by the Registrar of this Court for compliance.