SHAHZAD HASAN KHAN Vs. ISHTIAQ HASAN KHAN

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the order of the High Court of Allahabad, Lucknow Bench, dated 7th June 1986, granting bail to respondent No. 1, Ishtiaq Hasan Khan. We allowed the appeal and set aside the order of the High Court and issued directions that respondent No. 1, Ishtiaq Hasan Khan be taken into custody forthwith. In that order we had directed that the reasons will follow. Hence this order articulating our reasons.

(3.) Ishtiag Hasan Khan, respondent No. I and three others, namely, Naseem, Shiva Kant Sharma and Asghar are facing trial for the murder of Zaheer Hasan Khan at about 9.00 a.m. on March 3, 1985, in a public place in Mahmood Nagar Leather market. After the occurrence respondent No. 1 absconded and he surrendered in court on April 22, 1985. He applied for bail before the Sessions Judge, Lucknow, which was rejected. He approached the Lucknow Bench of the High Court of Allahabad with an application for grant of bail. The application was opposed by the complainant and as well as by the public Prosecutor. Justice Kamleshwar Nath by his order dated September, 18, 1985 refused to enlarge the respondent on bail and rejected the bail application. After a lapse of two months' time respondent No. 1, Ishtiaq Hasan Khan filed another bail application before the High Court. That application was placed before Justice Kamleshwar Nath who rejected the same by his order dated January 21, 1986. Within a few days thereafter respondent No. 1 made another application before Justice P. Dayal. The learned Judge having regard to the judicial discipline and prevailing practice in the High Court, directed that the bail application be placed before Justice Kamleshwar Nath who had passed orders rejecting earlier applications for bail. In pursuance of that order the bail application was placed before Justice Kamleshwar Nath. Meanwhile, the respondent No. 1 made two futile attempts before the trial court for the grant of bail even though his application for bail was pending before the High Court. On March 18, 1986 Justice Kamleshwar Nath was sitting in a Division Bench and the respondent's counsel appeared before him seeking his permission for listing the bail application before him. The learned Judge passed an order releasing the bail application, but it appears that in spite of that order the bail application was not listed before any other Judge, instead it again came up for orders before Justice Kamleshwar Nath on March 24, 1986. On that date counsel for the respondent No. 1 for some unknown reasons did not press the bail application, on his request the application was dismissed as withdrawn.