Dismissed

Jishan v. State of U.P. and Another

Allahabad HC21 Feb 2023A482/3272/2023

Case brief

AI extract

What is this about?

Court dismissed un-pressed prayer to quash proceedings under Section 482 Cr.P.C. Directed trial court to decide bail application expeditiously if applicant surrenders within two weeks, while staying coercive action during that period.

What did the court decide?

Quashing prayer dismissed. Bail to be decided expeditiously if applicant surrenders within two weeks; no coercive action until then.

Jishan Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3272 of 2023

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Applicant :- Jishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Jishan, with the prayer to quash the entire proceeding of Criminal Case No.3740 of 2019, arising out Case Crime No. 325 of 2017, State of U.P. vs. Akeel and others, under Section 379, 411 I.P.C., Police Station Sarsawa, District Saharanpur, as well as charge sheet dated 31.12.2017 and cognizance order dated 22.09.2018 and with the further prayer to stay the further proceedings of said criminal case, pending in the court of Judicial Magistrate II, Court No. 26, Saharahanpur, during pendency of the instant application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the entire proceedings of the case but he does not press the same. He further states that the applicant shall raise all the questions before the trial court.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within two weeks from today, the same shall be considered and decided expeditiously

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in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 21.2.2023 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Jishan v. State of U.P. and Another

Case brief

What is this about?

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Jishan v. State of U.P. and Another

Case brief

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