Disposed

Rajiv v. State of Up and Another

Allahabad HC13 Feb 2019A482/5375/2019

Case brief

AI extract

What is this about?

The court disposed of a 482 Cr.P.C. application regarding the rejection of a discharge petition. The applicant was not bailed and requested reconsideration. The court, noting the applicant's conditional withdrawal of the case on merit, directed the lower court to dispose of the pending bail and trial speedily within the timelines prescribed in Hussain and another within 30 days of surrender.

What did the court decide?

30 days non-coercive stay granted; direction to lower court to dispose of bail application within 7 days if filed upon surrender within 30 days.

Rajiv Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 67

¶2

Case :- APPLICATION U/S 482 No. - 5375 of 2019

¶3

Applicant :- Rajiv Opposite Party :- State Of Up And Another Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. and perused the record.

¶6

By means of the present 482 Cr.P.C. application, the applicant is assailing the validity and veracity of the order dated 10.01.2019 by which the discharge applicant has been rejected in S.T. No. 760/2018, u/s 376, 511, 323 IPC, P.S. Jahangirabad, District Bulandshahar.

¶7

It is submitted by the counsel for the applicant that the applicant has not been bailed out and without getting himself bailed out, how the discharge application is being considered and decided.

¶8

So far as on the merit of the case, I do not find any good reason to interfere in the order dated 10.01.2019 passed by Additional Session Judge/ Fast Track court- II, Bulandshahar.

¶9

Accordingly the prayer sought by the learned counsel for the applicant is refused.

¶10

Considering the entire facts and circumstances of the case and the arguments advanced, this Court is of the opinion that since learned counsel for the applicant has already given up that he does not want to press the case on merit, in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of with the direction that if the applicant surrender within 30 days before the court and if his bail application is filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-

¶11

"….......Judicial service as well as legal service are not like any other services. They are missions for serving the society. The mission is not achieved if the litigant who is waiting in the queue does not get his turn for a long time"....... "Decision of cases of under-trials in custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial; vested interests or unscrupulous elements try to delay the proceedings"....... "In spite of all odds, determined efforts are required at every level for success of the mission"..... "The Presiding Officer of a court cannot rest in a state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases."

¶12

To satiate speedy disposal of the cases, the courts below are issued

¶13

following directions in accordance with the observations made in the case of Hussain and another (Supra) :

¶14

(i)Bail applications be disposed of normally within one week :

¶15

(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years.

¶16

(iii).......................................................................................................;

¶17

(iv)......................................................................................................."

¶18

The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.

¶19

For the period of 30 days from today, no coercive action shall be taken against the applicant in the aforementioned case.

¶20

It is made clear that no time extension application would be entertained for extending the period of 30 days.

¶21

The ratio mentioned above is the last word for every judicial officers for abiding with the directions of the Hon'ble Apex Court. In the aforesaid scenario, it would be pertinent to refer the case of Brahm Singh and others Vs. State of U.P. and others decided on 08.07.2016 in Criminal Misc. Writ Petition No.15609 of 2016 whereby co-ordinate Bench of this Court, while taking into account the concerns of most of the counsels with regard to the long pending bail applications at lower courts' stage has expressed their anguish and concern.

¶22

In the aforesaid backdrop, learned Sessions Judge/the concerned Trial Judge is directed to ensure that the guidelines given in the case of Hussain and another (supra) as well as in Brahm Singh and others(Supra) has to be carried out in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions.

¶23

In the event, the bail application is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order sheet of such cases.

¶24

With the aforesaid observations, the present 482 Cr.P.C. application stands disposed of.

¶25

Order Date :- 13.2.2019 Nisha

Rajiv v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Rajiv v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gulab Chand Vs State of Up

Rahis @ Rais Qureshi Vs State of U.P. and 6 Others

Rohit Kumar Vs State of U.P. and Another

Ajit Singh and Another Vs State of U.P. and Another

Zahid Siddiqui and 6 Others Vs State of U.P. and Another

Raju and 11 Others Vs State of U.P. and Another