Court No. - 46 Case :- CRIMINAL APPEAL No. - 3461 of 2009 Petitioner :- Guljari Lal Gupta Respondent :- State Of U.P. Petitioner Counsel :- K.D. Tiwari,Niraj Tripathi,V.K.Soni Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
This application is for grant of short term bail on the ground
that marriage of the daughter is fixed for 20th January, 2010.
The card is also annexed.
Application was filed in this Court on 4.1.2010 and it was
placed on 11.1.2010, on which date government counsel
was asked to obtain instruction in the matter and today’s
date was fixed.
This Court is to observe that while hearing application for
grant of short term bail on the ground of marriage supported
by marriage cards in series of cases cards were found to be
manipulated, forged, incorrect and in fact no marriage was
fixed.
It is further to be observed that for this purpose the
application has to be filed before the court at least before 2 –
3 weeks so that reasonable time is available to the
government side to obtain instruction.
This practice is not to be encouraged that first after settling
the things when a week’s time is left application is filed just
to mount pressure on the court that in the name of marriage
short term bail is to be given.
The applicant is detained in jail for heinous crime and the
offence can be said to be an offence against the society.
On the facts, this Court is not satisfied that without obtaining
instruction from the Government side any parole is to be
given.
In view of the aforesaid, list this matter after ten days.
Order Date :- 18.1.2010
Sachdeva