TMI Blog2012 (1) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in the convoy of cars and immediately after crossing the Appellant's car and his supporters, the convoy of cars belonging to the second Respondent/accused suddenly stopped on the road without giving any signal and the second Respondent/accused came out of his vehicle armed with a gun along with his supporters who were also carrying guns and they started giving kick blows to one of the motorcycle riders who fell down and the pillion riders of the said motorcycles were fired upon by the second Respondent and his supporters from their respective guns and thereafter, they ran away from the place. Adbul Rehman-the pillion rider sustained serious fire arm injuries. When he was taken to the hospital at Varanasi, he succumbed to his injuries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vent the trial Court is free to take appropriate steps as observed by the High Court. We also direct the Trial Court to complete the trial within a period of four months from the date of the receipt of copy of this order without unnecessary adjournments. With the above observation, finding no merit for interference with the order of the High Court, the appeal is dismissed. - P. Sathasivam and Jasti Chelameswar, JJ. For Appellant: Jaspal Singh, Sr. Adv., Imtiaz Ahmed, Naghma Imtiaz, Mohd. Asad K., Advs. and Equity Lex Associates For Respondents: Basava Prabhu S. Patil, Sr. Adv., J.P. Tripathi, Asha Upadhyay, R.D. Upadhyay, Manoj Kumar Mishra, Alka Sinha and Anuvrat Sharma, Advs. JUDGMENT P. Sathasivam, J. 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es were fired upon by the second Respondent and his supporters from their respective guns and thereafter, they ran away from the place. Adbul Rehman-the pillion rider sustained serious fire arm injuries. When he was taken to the hospital at Varanasi, he succumbed to his injuries. (c) On the basis of a written complaint in the Police Station, Phoolpur, FIR No. 63 of 2009 under Sections 302 and 307 Indian Penal Code was registered. The second Respondent was arrested only on 24.08.2009. It was further stated by the Appellant that the accused is a habitual criminal and has a criminal background having more than three dozen cases involving serious offences against him. The second Respondent filed a Criminal Bail Application being No. 28420 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely on the basis of criminal antecedents, the claim of the second Respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc. 7. In the case relating to FIR No. 63 of 2009, he was arrested and in jail since 24.08.2009. Another important aspect is that after filing of charge-sheet on 15.07.2010, prosecution examined two important witnesses as PWs 1 and 2. This was the position prevailing on 26.07.2010. Even thereafter, now more than a year has rolled. Counsel appearing for the State assured that the trial will not be prolonged at the instance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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