Sheru Quraishi Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Sheru Quraishi Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Sheru Quraishi released on bail in Case Crime No. 338 of 2020 (Sections 2/3, U.P. Gangsters Act, P.S. Puranpur, District Pilibhit) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions; pending restoration of normal court functioning, enlargement on personal bond without sureties with sureties to follow within a month thereafter.

Issue for consideration

Whether the applicant Sheru Quraishi should be released on bail in Case Crime No. 338 of 2020 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Puranpur, District Pilibhit, during pendency of trial.

Court's answer

Bail granted: the applicant involved in Case Crime No. 338 of 2020 is to be released on bail, without expressing any opinion on the merits of the case, having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh (2018) 3 SCC 22.

Ratio / Principle

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: no tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; sincere cooperation in trial without seeking adjournment; no indulgence in criminal activity after release; breach of any condition to be a ground for cancellation of bail.

Key takeaways

Interim mode of enlargement: until normal functioning of the courts is restored, the applicant is to be enlarged on execution of personal bond without sureties, and will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶15
If the applicant has been enlarged on short-term bail as per the order of the committee constituted under the orders of the Hon'ble Supreme Court, the bail granted in this order shall be effective only after the period of short-term bail comes to an end.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Gautam Chowdhary, J.) allowed Criminal Misc. Bail Application No. 35283 of 2020 and released applicant Sheru Quraishi on bail in Case Crime No. 338 of 2020 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (P.S. Puranpur, District Pilibhit). It was submitted that the applicant had already been granted bail in the case made the basis of the Gangsters Act action and in all such cases, and was in jail since 13.7.2020. Considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Court directed release on a personal bond with two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence or intimidating/pressurizing witnesses, sincere cooperation in trial without seeking adjournments, no indulgence in criminal activity after release, breach being a ground for cancellation. Till normal functioning of courts is restored, enlargement was permitted on personal bond without sureties, with sureties to be furnished within a month of restoration; if the applicant was enlarged on short-term bail under the committee constituted under Supreme Court orders, this bail would operate after that period ends.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35283 of 2020

Applicant :- Sheru Quraishi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

The present bail application has been filed on behalf of the applicant Sheru Quraishi with a prayer to release him on bail in Case Crime No. 338 of 2020, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Puranpur, District- Pilibhit during pendency of trial.

The main submissions advanced on behalf of accused is that in one case which has been made the basis to impose the provisions of Gangsters Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 13.7.2020.

Learned AGA for the State has opposed the prayer for bail.

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a

personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short-term bail comes to an end.

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 18.11.2020

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