The court disposed of an application under Section 482 Cr.P.C. The court granted liberty to the applicant to file a bail application before the trial court, directing it to be decided within ten days based on Satender Kumar Antil case law.
Liberty granted to file bail application in trial court within 15 days; trial court to decide within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 28403 of 2021
Applicant :- Musharraf Azam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Krishna Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner/ applicant and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioner with the prayer to quash the cognizance order and summoning order dated 30.09.2021 and the entire proceeding against applicant of Case No3234 of 2021, arising out of Case Crime No.0656 of 2020, under Section 3/7 of The Essential Commodities Act, 1955, Police Station - Deoband, District - Saharanpur, passed by Additional Chief Judicial Magistrate, Deoband, District - Saharanpur. It is also been prayed to stay the further proceeding of the aforesaid case.
After arguing at some length, learned counsel for the petitioner submits that a liberty may be given to the petitioner/ applicant to file bail application before the learned trial court and the same 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.
As prayed by the learned counsel for the applicant / petitioner', it is provided that in case, the petitioner moves bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 12.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.13 09:23:17 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant liberty to file a bail application before the trial court under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another
2 provisions across 2 enactments
Musharraf Azam
State of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
