SARTAJ Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Heard the learned Counsel and the learned A. G. A. and the learned Counsel for the com plainant.

(2.) THE prayer for bail for the present applicants Sartaj and Sagir was rejected twice on 19-8-97 and 19-1- 1998. THE last mentioned order was challenged in a criminal appeal before the Supreme Court and an interim order was recorded for their release on bail and were so released under and order dated 14-5- 98. On 12-7-99 the Supreme Court disposed of the appeal slating that the bail order shall continue till framing of charge by the trial Co ur t a nd the Supreme Court left it open for the trial Court to decide whether the appellants would be allowed to continue on bail or not. It appears that the matter came up before the trial Court on 20-9-1999, after the applicants were sent into custody on 27-8-1999 when the charges were framed. THE applicants were on bail, albeit as an interim order from May, 1998 till August, 1999.

(3.) 1 find sufficient force in this argu ment. The persons who were released on bail, may be as on interim measure and had not absconded for 15 months are certainly persons who could be released on bail now.