- (1.) Heard appellant's counsel and the learned A. G. A.
(2.) A prayer has been made for releasing the appellant on bail during the pendency of appeal. Appellant was duly tried for committing murder of one Prabhakar by firearm in Court compound in broad day light on 19-6-1995 at 10.30 a.m. With the help of police the witnesses succeeded in apprehending the accused on the spot with a country made pistol used in the commission of murder. The prosecution produced three eye witnesses, who fully supported the prosecution case and stated of appellant's arrest on the spot with the pistol used in the commission of murder. Motive alleged was that in the year 1991, appellant along with three others had committed murder of Vimal Kumar, father of first informant of the present case. The trial Court has found the evidence of the prosecution evidence wholly reliable and trustworthy and accordingly concluded that case against the appellant has been established beyond doubt and accordingly has convicted and sentenced the appellant to imprisonment for life.
(3.) Learned Counsel for the appellant submitted before the Court that the appellant is in jail for the last six years and the appeal filed in the year 2000 has not yet been heard nor is likely to be heard in near future therefore he be released on bail. In support of his contention learned counsel relied upon the decision of Apex Court in the case of Smt. Akhtari Bi v. State of M. P., 2001 (4) JT (SC) 40 wherein it was observed : "In the absence of prompt action under the Constitution to fill up the vacancies, it is incumbent upon the High Courts to find ways and means by taking steps to ensure the disposal of criminal appeals, particularly such appeals where the accused are in jails, that the matters are disposed of within the specified period not exceeding 5 years in any case. Regular Benches to deal with the criminal cases can be set up where such appeals be listed for final disposal. We feel that if an appeal is not disposed of within the aforesaid period of 5 years, for no fault of the convicts, such convicts may be released on bail on such conditions as may be deemed fit and proper by the Court. In computing the period of 5 years, the delay for any period, which is requisite in preparation of the record and the delay attributable to the convict or his counsel can be deducted. There may be cases where even after a lapse of 5 years the convicts may under the special circumstances of the case, be held not entitled to bail pending the disposal of the appeals filed by them. We request the Chief Justices of the High Courts, where the criminal cases are pending for more than 5 years to take immediate effective steps for their disposals by constituting regular and special Benches for that purpose.";