RAMESH SINHA,MAHESH CHANDRA TRIPATHI,JJ. - (1.) Heard Shri S.C. Pandey, counsel for the petitioner and Shri Ashish Pandey, learned A.G.A. for the State.
(2.) On 27.04.2017, this Court has passed following order:- "Supplementary affidavit filed by learned counsel for the petitioner is taken on record. Heard Shri Suresh Chandra Pandey, learned counsel for the petitioner and Shri Imran Syed, learned AGA for the State. It has been stated by learned counsel for the petitioner that though the petitioner is confined in the jail, he along with other co-accused had filed Application under section 482 Cr.P.C. No. 35398 of 2016 (Chandra Pal and 4 others v. State of U.P. and another) by which they had challenged the non-bailable-warrant order dated 27.09.2016 passed by the 1st, Additional Chief Judicial Magistrate, District Mathura in case Crime No. 227 of 2016 under section 147, 148, 149, 307, 323, 504, 506, 324 I.P.C., Police Station Barsana, District Mathura. The Learned Single Judge has disposed off the petition on 21.11.2016. In pursuance of which, two co-accused persons Mohan and Chandrabhan had applied for bail and the bail was granted in the said case by the Sessions Judge, Mathura on 13.12.2016, copy of which is filed as annexure no. 5 to the writ petition. It is submitted by learned counsel for the petitioner that petitioner had also moved an application for bail in the said case on 22.02.2017 before the Sessions Judge, on which a report was called and the matter was fixed on 09.03.2017, the record of the co-accused persons was also summoned who have already been granted bail. It is further submitted by learned counsel for the petitioner that the order sheet of bail application no. 455 of 2017 of the petitioner is annexed as Annexure no. 8 to the writ petition, wherein it reveals that how the learned Sessions Judge adopting the delaying tactics and also delaying the disposal of the bail application of the petitioner, in spite of the order passed by the learned Single Judge which was already placed before him in the matter of co-accused, who have been granted bail in light of the Judgement rendered in case of Amrawati and another v. State of U.P. of this Court as well as in case of Lal Kamlendra Pratap Singh v. State of U.P. of the Apex Court, which was cited by the learned counsel for the petitioner but learned Sessions Judge had disposed off the bail application of the petitioner which was pending since 22.02.2017 to 19.04.2017. Learned counsel for the petitioner has further submitted that in District Judgeship of Mathura bail applications are being decided in the light of the Judgement rendered in the case of Amrawati and another v. State of U.P. as well as in case of Lal Kamlendra Pratap Singh v. State of U.P. From perusal of order-sheet of the bail application of the petitioner it appears that the bail application of the petitioner is pending since 22.02.2017 to 19.04.2017 and it shows otherwise conduct of the learned Sessions Judge, Mathura from the orders passed by him at regular interval when the bail application came before him. We call upon the learned Sessions Judge to give explanation regarding the delay in disposal of the bail applications made before him in spite of the judgement rendered in the case of Amrawati and another v. State of U.P. as well as in case of Lal Kamlendra Pratap Singh v. State of U.P. and further para wise comments of the averments made in the present petition filed on behalf of the petitioner as well as the supplementary affidavit which concerns him. List this matter on 10.05.2017. The Registrar General of this Court is also directed to send a certified copy of this order to the learned Sessions Judge, Mathura for necessary information and compliance of the order of this Court forthwith."
(3.) The explanation submitted by the Sessions Judge, Mathura in compliance of the Court's order dated 27.04.2017, which is on record, has been perused by us today.;