Dismissed

Shamshad v. State of U.P.

Allahabad HC19 Dec 2022BAIL/3575/2022

Case brief

AI extract

What is this about?

The High Court dismissed a criminal bail application and rejected relief on merits. Instead, it imposed strict procedural time-binders on the trial court and police to expedite the trial and ensure witness attendance, dismissing the bail plea on the ground that no case for bail is made out.

What did the court decide?

The bail application is dismissed. The trial court is directed to conclude the trial within six months from receipt of a certified copy of this order. Strict coercive measures are directed against wit

Shamshad Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3575 of 2022 Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Chandra Prakash,Mohd. Ibrar Khan,Rama Shankar Prasad,Sachin Malik Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Ibrar Khan, learned counsel for the applicant and learned A.G.A for the State.

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The body of the deceased was recovered from the house of the applicant. The deceased was residing at the house of the applicant as a tenant. The DNA report also affirms that the remains were that of the deceased. The offence is grave. From the material available in the record, there is likelihood that the applicant committed the offence.

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At this stage no case for bail is made out. However, interest of justice will be served by directing the learned trial court to expedite the trial instead of enlarging the applicant on bail at this stage.

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The bail application is dismissed.

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Learned counsel for the applicant submits that the applicant is in jail since 23.07.2020. The trial is moving at a snail's pace and is not likely to conclude anytime soon. Inordinate delay in conclusion of the trial will result indefinte imprisonment of the applicant.

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The trial court is directed to conclude the trial within a period of six months from the date of receipt of a certified copy of this order. The learned trial court shall proceed with

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the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All prosecution witnesses also are directed to cooperate with the trial proceedings.

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The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.

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Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

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Order Date :- 19.12.2022 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Shamshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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