Tags Bail

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 717 of 2017, Judgment Date: Apr 21, 2017

                                                              Non-Reportable
                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURSIDCITON
                       CRIMINAL APPEAL NO. 717 OF 2017
               (Arising out of S.L.P. (Crl.) No.10338 of 2015)




RAM SARAN PAL @ LALLU                                            …APPELLANT

                                  VERSUS

STATE OF U.P.                                                   …RESPONDENT



                                O  R  D  E  R


S.ABDUL NAZEER, J.

1     Leave granted.
2     The Appellant Ram Saran Pal  alias  Lallu  is  facing  trial  for  the
offences punishable under Sections 147, 148, 149, 302, 404 and  341  of  the
Indian Penal Code.  He has been in custody for more than six years.  He  had
moved the High Court for grant of bail on an earlier occasion.  However,  by
order dated 21.11.2014 the High Court rejected  the  bail  application  with
the direction to the trial court to conclude the trial within  a  period  of
six months.  In spite of the said order, no  noticeable  progress  has  been
attained in the case.  The other co-accused have been bailed out.
3     In the circumstances, we  cannot  permit  the  appellant  to  continue
incarceration  for  a  further  period  without   the   adjudication   being
finalized.  We, therefore, order him to be released  on  bail  on  execution
bond with two solvent sureties to the satisfaction of the trial  judge.   We
permit the trial judge to impose such conditions as he feels  necessary  for
ensuring the appellant’s attendance on the dates of  posting  in  the  trial
court.
4     This appeal is disposed of accordingly.


                                                             …………………………………J.
                                                           (J. CHELAMESWAR)




                                                             …………………………………J.
                                                           (S. ABDUL NAZEER)
New Delhi;
April 21, 2017.