JUGUL ALIAS MANOJ Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate. This is fourth application for bail. The earlier bail applications were rejected on merit. During the course of arguments, it was revealed that the trial of the applicant in Sessions Trial No. 76 of 2002, pending before the Additional Sessions Judge/F.T.C.1, Bahraich has been stayed by this Court in Criminal Revision No. 434 of 2003.This Court had ordered the matter to be listed along with the record of Criminal Revision No. 434 of 2003. As it comes out applicant Jugul alias Manoj has filed above mentioned Criminal Revision No. 434 of 2003 and this Court vide order dated 11.09.2003 passed in the Criminal Revision had directed that order dated 06.08.2003 passed by Additional Sessions Judge/Fast Track Court nO. 1 Bahraich in Sessions Trial No. 76 of 2002 shall remained stayed till the next date of listing. Learned counsel who had filed the Criminal Revision is not present. Submission of learned counsel for the applicant is that since the trial is not proceeding, as such, the applicant may be released on bail. By no stretch of imagination, this argument of the learned counsel for the applicant in the facts of the case can be accepted since the proceedings of the trial have been stayed by this Court in the Criminal Revision filed by the applicant himself. However, it is directed that Criminal Revision No. 434 of 2003 Jugal vs. State of U.P. and another be listed for hearing in the next week before the appropriate Court. It is made clear that if the learned counsel for the revisionist fails to argue the revision on merits on the next date of listing, the interim order granted in said Criminal Revision may not be extended. List this application for orders after disposal of Criminal Revision No. 434 of 2003.