Sanjay Sharma v. State of U.P. and Another
Case brief
What is this about?
The applicant sought quashing of an impugned order rejecting his bail application. The court found the regular bail application had been rejected in his absence without a merits decision. The application was deemed not maintainable for quashing, but the lower court was directed to decide the bail application on merits.
What did the court decide?
Directed the lower court to decide the regular bail application on merits within ten days; no order granted on quashing.
What the court decided
Court No. - 34
Case :- APPLICATION U/S 482 No. - 579 of 2022
Applicant :- Sanjay Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present application under section 482 Cr.P.C. has been filed for quashing the impugned order dated 15.9.2021 passed by learned Sessions Judge, Ghaziabad in Bail application No. 2766 of 2021, Sanjay Sharma Vs. State of U.P., arising out of case crime no. 3406 of 2018, under sections 420, 406, 504, 506 and 120-B I.P.C. police station Sahibabad District Ghaziabad.
It is argued by the learned counsel for the applicant that as per the order of this court, the accused moved an interim bail application before the court below wherein he was released on interim bail but he could not appear in the court on the date fixed on 15.9.2021, as he was suffering from Malaria. He had also filed medical certificate but the court concerned did not accept the said document and the interim bail order was not extended.
Learned A.G.A. opposed the application on the ground that the applicant was unable to present himself in the court on the date fixed so he is not entitled for any leniency, hence, the application deserves to be rejected.
A perusal of the record shows that in compliance of the order dated 12.3.2021 of this court, the bail application was moved by the applicant before the court below and he was released on interim bail but he could not appear in the court on the date fixed i.e. on 15.9.2021 though previously he had appeared in the court on 1.9.2021.
Issues for consideration
2 issues framed by the court
Whether an application under section 482 Cr.P.C. for quashing a bail order is maintainable when the regular bail application has been rejected by the lower court without a merits decision.
The circumstances and directions regarding the disposal of a regular bail application pending before the lower court.
Parties & counsel
- applicant
Sanjay Sharma
- respondent
State of U.P.
Coram
Sadhna Rani (Thakur)
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/579/2022
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