Dismissed

Smt. Shahjahan Begum and Another v. State of U.P.and Another

Allahabad HC3 Dec 2019CRLR/4029/2010

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What is this about?

This revision petition against the rejection of a discharge application in a case involving forgery and corruption charges was dismissed. The High Court held the lower court correctly in requiring a trial to determine the accused's involvement. Appellants were granted 30 days to file a bail application without coercive action.

What did the court decide?

30 days protection granted to revisionists to appear and file bail application expeditiously without coercive action.

Smt. Shahjahan Begum and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 55

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Case :- CRIMINAL REVISION No. - 4029 of 2010 Revisionist :- Smt. Shahjahan Begum And Another Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- Abhay Raj Singh Counsel for Opposite Party :- Govt Advocate

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri Abhay Raj Singh, learned counsel for the revisionists, Sri Ravi Kant Kushwaha, learned A.G.A. and perused the record.

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This revision has been filed against the impugned order dated 21.08.2010, passed by Additional Sessions Judge, court No. 5, Badaun, in Sessions Trial No. 01 of 2010 (State vs. Shahjahan Begum and another) by which the discharge application filed by the revisionists has been rejected.

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It appears that a charge sheet was submitted by the police after due investigation for the offences under Sections 467, 468, 420 I.P.C. and Section 13 of the Prevention of Corruption Act and cognizance of the same was taken by the learned trial court. Against the said charge sheet, without putting their appearance before the learned trial court, the revisionists have filed a discharge application. The learned trial court has considered the discharge applicant and rejected the same.

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In the case like this, where police has filed charge sheet under the aforesaid sections, the fact that what was the role and involvement of the revisionists into the commission of offence, cannot be determined at the stage of framing of the charge. It will require the appreciation of evidence produced during trial as such considering the nature of the offence and also considering the fact that the due investigation was conducted by the police and charge sheet was filed, the impugned order rejecting the discharge application appears to be justified.

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There is no material irregularity, illegality nor there is any jurisdictional error in the impugned order. The revision lacks merit and the same is liable to be dismissed.

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Accordingly, the revision is dismissed .

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Learned counsel for the revisionists at this stage has requested that some protection be granted to the revisionists for appearing and filing the bail application before the learned court below. It is, therefore, observed that if within 30 days from today, the

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revisionists appear before the learned trial court and give application for bail, the same shall be disposed of expeditiously in accordance with law preferably on the same day in the light of settled principles laid down by the Full Bench of 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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Till the aforesaid 30 days from today, no coercive action shall be taken against the revisionists.

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Order Date :- 3.12.2019 sailesh

Smt. Shahjahan Begum and Another v. State of U.P.and Another

Case brief

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Smt. Shahjahan Begum and Another v. State of U.P.and Another

Case brief

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