Mohd. Habib v. State of U.P. and Another
Case brief
What is this about?
Single judge granted liberty to applicant to seek bail from trial court within 15 days, with a stipulation for speedy disposal by trial court, dismissing the petition under Section 482 Cr.P.C. relying on Satender Kumar Antil principles.
What did the court decide?
Liberty granted to applicant to move bail application to trial court within 15 days; trial court to decide within 10 days.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- APPLICATION U/S 482 No. - 22292 of 2021
Applicant :- Mohd. Habib Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Satya Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner to quash the proceedings of Criminal Case No.4505 of 2018 (State Vs. Mohd. Habib) arising out of case crime no.640 of 2017, under Sections 279,338,304-A IPC, P.S. Hapur Nagar, District Hapur pending in the court of Chief Judicial Magistrate, Hapur including the charge sheet dated 18.10.2017 as well as cognizance order dated 22.6.2018.
After arguing at some length learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.
Issues for consideration
2 issues framed by the court
Whether to quash criminal proceedings or grant liberty to seek bail from trial court under the law laid in Satender Kumar Antil.
Whether the petitioner should be granted liberty to move a bail application before the trial court after expediting its decision.
Parties & counsel
- applicant
Mohd. Habib
- respondent
State of U.P.
Coram
Manish Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/22292/2021
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