J.C.Gupta - (1.) -Bail Application Nos. 16322 of 2000 and 14647 of 1999 are taken up together.
(2.) HEARD Sri Krishna Kapoor learned counsel for the applicant and the learned A.G.A. No one appeared on behalf of the applicant in Bail Application No. 14647 of 1999. It appears that Bail Application No. 10681 of 1998 was moved on behalf of the applicant on 18.2.1999. Thereafter another application bearing No. 14647 of 1999 was moved and this application was also described as first bail application. Bail Application No. 10681 of 1998 was rejected by me on merits by the order dated 19.11.1999. When Bail Application No. 14647 of 1999 came up for hearing before Hon. V. K. Chaturvedi, J., the fact that first Bail Application No. 10681 of 1998 was still pending in the Court, was brought to the notice of the Hon'ble Judge and the learned single Judge passed the order that the record be placed before Hon'ble Chief Justice for nomination of another Bench. It further appears that by the order dated 1.2.2000, the Hon'ble Chief Justice directed that both the bail applications be placed before me. It was not pointed out by the office at that time that Bail Application No. 10681 of 1998 had already been rejected by me by the order dated 19.11.1999. Bail Application No. 16322 of 2000 has now been moved by Krishna Kapoor as second bail application. In view of these facts, Bail Application No. 14647 of 1999 has been rendered infructuous.
(3.) BAIL is now being claimed by applicant on the ground of delay in trial. During the course of hearing on BAIL Application No. 10681 of 1998, original dying declaration of the deceased was summoned. However, the same was not sent back by the office to the trial court. Accordingly, Registrar General was directed to make an inquiry. The Registrar General through his report dated 31.1.2001 has informed the Court that dying declaration has been located and has been transmitted to the District Judge, Agra, through special messenger. In the circumstances, this application is disposed of with the direction to the trial court to proceed with the trial on day-to-day basis and conclude the same expeditiously as far as possible within six weeks from the date of communication of this order.;