 MLA Irfan Solanki's brother Rizwan Solanki.){kind=link}
The Allahabad High Court has dismissed the bail plea of Kanpur Samajwadi Party (SP) MLA Irfan Solanki’s brother Rizwan Solanki.
A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc bail Application filed by Rizwan Solanki.
By means of the bail application, the applicant prayed to be enlarged on bail in Case at Police Station Jamau, District Kanpur Nagar under Sections 436, 506, 147, 327, 427, 386, 504 and 120B IPC. The applicant has been in jail since 02.12.2022.
The bail application of the applicant was rejected by the trial court on 22.12.2022.
The applicant has been identified as the principal offender who forcefully entered the house of the victim and ransacked the house & destroyed property. The incident has created terror. Prosecution evidence connects the applicant with the offence. The offence is grave in nature. There is likelihood that the applicant has committed the offence. At this stage, no case for bail is made out, the prosecution said.
Gaurav Dixit, the counsel for the applicant, contended that the applicant is in jail since 02.12.2022. The trial is moving at a snail’s pace and is not likely to conclude anytime in the near future. Inordinate delay in concluding trial had led to virtually an indefinite imprisonment of the applicant and violated the rights of the applicant to speedy trial.
The Court said that the trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The Court directed the trial court to conclude the trial within a period of six month from the date of receipt of a certified copy of the order.
“The trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of six month is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the District Judge,” the Court ordered.
Without going into the merits of the case, the Court dismissed the bail application.