Sehwaz v. State of U.P.
Case brief
What is this about?
Court allowed bail to the applicant, Sehwaz, charged under Sections 21/22 of NDPS Act, accounting for a past default due to jail detention in another case. The order directs trial expedition.
What did the court decide?
Released on bail between one surety by executing a bond on certain conditions, with directed completion of trial within one year.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27160 of 2022
Applicant :- Sehwaz Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Rajesh Yadav,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and Kumari Meena, learned A.G.A. for the State.
Perused the record.
Learned counsel for the applicants submits that in the present case, the applicant has been granted bail by this Court vide order dated 13th November, 2019 passed in Criminal Misc. Bail Application 47496 of 2019 but he could not appear before the court below as he was in jail in other criminal case as is evident from the ordersheet dated 13th March, 2022 enclosed at page 30 of the paper book.
Learned counsel for the applicant has placed forth the circumstances under which the accused-applicant could not appear before the court when he was required and as a result of which his bail got cancelled. It has been submitted that henceforth no default shall be committed by the accused and he is prepared to give an undertaking that he shall faithfully make himself available to the court on each and every date. It has also been pointed out that the accused is not having any previous criminal history and he is in jail since 24th March, 2022 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Issues for consideration
2 issues framed by the court
Whether the applicant, who has a prior bail order but faced a default due to unavailability in another case, deserves to be enlarged on bail.
Whether the trial court should expedite the trial proceedings to avoid prolonged incarceration without a concluded trial.
Parties & counsel
- applicant
Sehwaz
- respondent
State of U.P.
Coram
Shiv Shanker Prasad
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/27160/2022
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