Nabi Alam v. State of U.P.
Case brief
What is this about?
The High Court rejected the bail application of the applicant pending under Section 302 IPC, directing the trial court to decide the matter once records are available. The judgment issued a directive to resolve systemic delays caused by courts holding original records for co-accused appeals.
What did the court decide?
Bail application rejected at this stage; Trial Court directed to decide case under Section 309 Cr.P.C.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10382 of 2019
Applicant :- Nabi Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Sharan Giri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri P.K. Srivastava, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against three accused namely, Nabi Alam(husband of deceased), Shanti(mother-in-law) and Chhajjo (sister-in-law), alleging that Smt. Begum(sister of complainant) was married to Nabi Alam before 15 years from the date of incident; accused persons used to torture her, hence she set herself on fire.
Co-accused Smt. Shanti and Smt. Hazara Begum have been convicted and sentenced to life imprisonment under Section 302/34 IPC vide order dated 28.9.2013 passed by Special Judge(SC/ST Act), Farrukhabad in Session Trial No. 96 of 2003(State vs. Smt. Shanti and Smt. Hazara Begum); against that order, Criminal Appeal No. 4872 of 2013 preferred is pending before this Court wherein bail of co-accused Hazara Begam has been rejected and Smt. Shanti was granted bail vide order dated 2.12.2013. Second bail application of Hazara Begum is pending. Original record was sent to this Court. It is not possible for trial Court to decide the case of applicant on merit due to non-availability of original record.
Learned counsel for the applicant submitted the applicant is husband and languishing in jail since 4.6.2013(about five years and ten months) and due to non-availability of original record it is not possible for trial Court to decide the case on merit. Hence he be released on bail. He has been falsely implicated. The deceased committed suicide herself. In case applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Issues for consideration
2 issues framed by the court
Whether bail of the applicant should be granted given the non-availability of the original trial record and pending co-accused bail applications.
Whether a mechanism should be framed to prevent accused from languishing in jail due to high court custody of original records during trials involving co-accused appeals.
Parties & counsel
- applicant
Nabi Alam
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/10382/2019
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