JANGA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) JANGA Singh accused in Sessions Trial No. 51 of 1988 pending in the court of Sessions Judge, Kheri, arising from crime no. 26 of 1987 of Police station Nighasan, Kheri, has approached this Court for release on bail.

(2.) ACCORDING to the first information report the deceased Jai Prakash son of Mata Prasad was done to death by five persons including the present applicant. All the five assailants have been mentioned in the first information report by name. As many as 42 injuries were inflicted upon the person of the deceased, including one fire-arm wound. The murder is alleged to have been committed in broad day-light at about 4.30 p.m., on 8th May, 1987 when the deceased after alighting from a bus at Dhakharwa crossing was waiting for another bus which would taken him to village Kafara. The place where he was murdered is a market. Four assailants, including the applicant, were carrying swords and one assailant was carrying country-made pistol. Report of the occurrence was lodged at 6.10 p.m., the same day. The distance between the place of occurrence and the police station is stated in the first information report as nine miles. The report is apparently prompt. The informant claimed to be an eye witness of the occurrence. On these facts, in my opinion, no case for bail is made out on merits. Certain technical pleas have been raised by the learned counsel for the applicant which may, however, be considered.

(3.) IN Nathu Ram (supra) the accused was arrested in December, 1985 and was committed to the court of Sessions on 12th February, 1986. 13th Match, 1986 was the date fixed for framing charge. The charge was not framed and the case was adjourned without any apparent reason. IN the same manner the case was adjourned twenty times without the charge being framed. It has been observed in the bail order of this court that the case has been dealt with by the learned Sessions Judge in a most perfunctory manner. This was a case of repeated adjournments without any reason whatsoever.