2016 ALL SCR (Cri) 1700
SUPREME COURT

R. K. AGRAWAL AND ASHOK BHUSHAN, JJ.

Devendra Pratap Singh Vs. State of U.P.

Criminal Appeal No.927 of 2016

29th September, 2016.

Petitioner Counsel: Mr. ABINASH KUMAR MISHRA
Respondent Counsel: Mr. V.K. SHUKLA, AAG, Mr. ABHISTH KUMAR, Ms. ARCHANA SINGH

Criminal P.C. (1973), S.439 - Bail - Trial Court had not completed the proceedings within time given by High Court and case is only at stage of evidence - Since all private witnesses had been examined and only official and personnel of investigating team are to be examined - Therefore, grant of bail will not affect witnesses - In such circumstance, bail granted. (Para 3)

JUDGMENT

JUDGMENT :- Leave granted.

2. We have heard learned counsel for the parties.

Learned counsel for the respondent submits that all the private witnesses have been examined and only the officials and personnels of the investigating team are to be examined.

3. Earlier the Allahabad High Court vide order dated 30.07.2014 had directed the trial to be completed within four months. More than two years have passed, the trial has not yet completed and it is only at the stage of evidence. The release of the appellant on bail will not have any effect on witnesses to be examined as only the Government officials are to be examined.

4. In the circumstances, we feel it appropriate to release the appellant on bail on furnishing bail bonds and sureties to the satisfaction of the Trial court.

5. Ordered accordingly.

6. The appeal is disposed of accordingly.

Ordered accordingly.