Petitioner permitted to withdraw criminal writ petition directing trial court to decide regular bail application expeditiously on merits without this Court expressing opinion.
Petitions permitted to withdraw; directed trial court to decide regular bail application on merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 892 of 2020
Petitioner :- Shamshad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav,J.
Sri J.P. Mishra, learned counsel for the petitioners and Sri Amit Sinha, learned AGA for the State.
Counsel for the petitioners submits that petitioners intend to file regular bail application before the trial court and, therefore, he may be permitted to withdraw this petition with the aforesaid liberty. He however submits that trial court be directed to decide the regular bail application to be filed by the petitioners on the same day or at least by the next date considering all the aspects of the case.
State counsel has no objection, so far as withdrawal of the writ petition is concerned. He however submits that discretion be given to the trial court to decide the bail application expeditiously in accordance with law.
The petitioners are permitted to withdraw this petition with the aforesaid liberty.
The petition is, accordingly, dismissed as withdrawn.
Needless to state that in the eventuality of filing the regular bail application by the petitioners before the trial court, the same shall be decided strictly in accordance with law considering all the aspects of the case.
It is made clear that this Court has not observed anything on merit of the case and the trial court is expected to decide the bail application in accordance with law.
Order Date :- 28.1.2020 C. MANI/RK
Shamshad And Another
State Of U.P.
Pritinker Diwaker
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
