Disposed

Syed @ Mohd Javed and 4 Others v. State of U.P. and Another

Allahabad HC25 Nov 2020A482/16592/2020

Case brief

AI extract

What is this about?

The single-judge High Court disposed of an application under Section 482 Cr.P.C. seeking quashment, which was re-interpreted as a bail matter. The Court directed the trial court to decide bail applications expeditiously citing specific precedents and stayed coercive action for 45 days.

What did the court decide?

Directed trial court to decide bail application expeditiously within 45 days; stayed coercive action against applicants for 45 days; order recalled automatically if bail not applied for.

Syed @ Mohd Javed and 4 Others Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 16592 of 2020

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Applicant :- Syed @ Mohd Javed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Puneet Kumar Verma, learned counsel for the applicants and learned A.G.A for the State.

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This application under Section 482 Cr.P.C has been filed seeking the following relief:

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"quash the charge sheet dated 28.8.2018 as well as cognizance order dated 21.6.2019 and the entire proceeding of Criminal Case No. 2251 of 2019, State Vs. Mohd. Shaid and others, under Sections 147, 148, 308, 323, 504, IPC, Police Station Kotwali, District Ghazipur arising out of Case Crime No. 3374 of 2017 pending in the court of Chief Judicial Magistrate, Ghazipur in so far it relates to the applicants."

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Learned A.G.A submits that charge-sheet has been filed after collecting evidence which establishes the complicity of the applicants in the offence. Prima facie commission of offence by the applicants is made out from the material in the record.

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Faced with this, learned counsel for the applicants does not press the reliefs sought in the present applicant. He recasts his relief and submits that the applicants will appear before the trial court and apply for bail.

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The only prayer made by Sri Puneet Kumar Verma, learned counsel for the applicants is that the bail application of the applicants may be decided expeditiously.

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In view of the submissions made by learned counsel for the parties, this application is disposed of with the following directions:

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(1) The applicants will appear before the trial court within a period of 45 days and apply for bail.

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(2) In case the bail application is filed within the aforesaid period, the trial court shall decide the bail application

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expeditiously in the light of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgment entered by Hon’ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P reported at 2009 (3) ADJ 322 (SC) . Heard Sri Puneet Kumar Verma, learned counsel for the applicants and learned A.G.A for the State.

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(3) For a period of 45 days no coercive action shall be taken against the applicants.

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(4) In case the applicants do not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The trial court shall proceed thereafter in accordance with law.

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Order Date :- 25.11.2020 Nadeem Ahmad

Syed @ Mohd Javed and 4 Others v. State of U.P. and Another

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Syed @ Mohd Javed and 4 Others v. State of U.P. and Another

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