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2017 Supreme(All) 1577

PRATYUSH KUMAR
Gulshan Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Sudhir Kumar, Dayashankar Mishra.
For the Opposite Party :Govt. Advocate, P.K. Singh Bisen, R.B.S. Rathore.

JUDGMENT

1. Heard learned counsel for the accused-applicant.

2. This is third bail application moved on behalf of applicant. Learned counsel for the applicant submits that detention of the applicant in jail is not in accordance with law, at the time of committal of the case the magistrate had not remanded the applicant to judicial custody during and until the conclusion of the trial in accordance with section 209(2) Cr.P.C. According to him, applicant is confined in jail illegally. His first bail application was rejected by order dated 09.04.2015. His second bail application was rejected by order dated 02.8.2016 and he further submits that in application under section 482 No. 1441 of 2016 (Pushpendra Singh v. U.P. And Anr) court below was directed to expedite the proceedings of S.T. No. 102 of 2016 (State v. Gulshan Yadav and others) with further direction to try to conclude the trial within a year from the date of the application of the certified copy of this order. Thus, learned counsel for the applicant submits that applicant is illegally detained and his trial in spite of the direction issued by this Court has not been concluded within the specific time, thus, he is entitled to b




























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