Mehboob @ Ayub @ Kalia Vs State of U.P. and Another

Court No. - 86

Case :- APPLICATION U/S 482 No. - 6188 of 2021

Applicant :- Mehboob @ Ayub @ Kalia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Ojha,Prakash Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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This application under Section 482 Cr.P.C. has been filed with the prayer to release the applicant from custody of offence of Special Case No. 3869 of 2018, arising out of Case Crime No. 121 of 2008, under Section 3(1) of U.P. Gangster Act and AntiSocial Activities (Prevention) Act 1986, Police Station- Dibai District- Bulandshahar on the ground that the applicant has served out the sentence awarded to him by Judgment and Order dated 15.12.2018 passed in above mentioned case.

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Learned counsel for the applicant submits that the total detention of the applicant in the present case is more than 4 years and 1 months whereas the sentence awarded is 3 years and 7 months as well as fine of Rs. 5,000/- and in default of fine, one month additional sentence, therefore, the total period of detention is 3 years and 8 months but still the applicant is in illegal judicial custody.

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From the perusal of the material on record it appears that the applicant has served out sentence awarded to him in the present case, therefore, it is expedient in the interest of justice to direct the Authority concerned to consider the matter and take appropriate action in the present case. The Authority concerned shall communicate to this Court within 10 days from the date of production of copy of this order before them.

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With the above observation, this application stands disposed of accordingly.

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Order Date :- 6.8.2021 S.Verma

Mehboob @ Ayub @ Kalia v. State of U.P. and Another

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Mehboob @ Ayub @ Kalia v. State of U.P. and Another

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