Dismissed

Ismail v. State of Up and Another

Allahabad HC22 Mar 2018A482/9383/2018

Case brief

AI extract

What is this about?

High Court refused to quash the non-bailable warrant under Section 482 Cr.P.C. in a Gangster Act case. The court directed the applicant to apply for recall or surrender within three weeks and ordered expedited trial completion within nine months.

What did the court decide?

If applicant files for recall within three weeks or surrenders, bail may be considered; no coercive action for three weeks provided compliance.

Ismail Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 9383 of 2018

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Applicant :- Ismail Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Vishal Mishra,Sachin Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The present 482 Cr.P.C. petition has been filed for quashing the nonbailable-warrant order dated 7.2.2018 passed by learned Additional District Judge 5th/ Gangster Jalaun Orai in GST No. 154 of 2006, u/s 2/3 Gangster Act (State vs. Ismail).

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The prayer for quashing the order impugned is refused.

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However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For a period of three weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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It is further directed that as the matter relates to the year 2006, the court concerned shall expedite the trial and take all possible steps against the applicant if he is not cooperating with the trial and conclude the same within a period of nine months from the date of production of the certified copy of the order without granting adjournment to either of the parties.

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With the aforesaid directions, this application is finally disposed off.

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Order Date :- 22.3.2018 Dhirendra/

Ismail v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ismail v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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