Disposed
Shahid @ Shaheed Ali v. State of U.P.and Another
Allahabad HCA482/10791/2019
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Case :- APPLICATION U/S 482 No. - 10791 of…
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Case :- APPLICATION U/S 482 No. - 10791 of…
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Court No. - 70 Case :- APPLICATION U/S 482 No. - 10791 of 2019 Applicant :- Shahid @ Shaheed Ali Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Prakash Sharma,Chandra Prakash Misra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 24.10.1991, non bailable warrant dated 13.9.2012 as well as entire proceedings of Criminal Case No. 222 of 2016 (State of U.P. vs. Shahid) arising out of Case Crime No. 123 of 1991, under Sections 279 and 304-A IPC, police station Tarya Sujan, district Deoria (Kushinagar) pending in the court of C.J.M., Kushinagar at Padrauna.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet 24.10.1991 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P . reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicant in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.3.2019
Sumaira
Shahid @ Shaheed Ali
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
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