Disposed

Gokaran Prasad Pandey v. State of U.P. and Another

Allahabad HC27 Feb 2023A482/7130/2023

Case brief

AI extract

What is this about?

A Section 482 Cr.P.C. petition was disposed of granting the petitioner three days to appear before the trial court and submit fresh bail bonds. The court directed the trial court to record the Section 313 Cr.P.C. statement promptly.

What did the court decide?

Petitioner granted liberty to appear before the trial court within three days and submit fresh bail bonds and two sureties.

Gokaran Prasad Pandey Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 7130 of 2023

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Applicant :- Gokaran Prasad Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Shukla,Pratibha Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the petitioner and Sri R.K. Singh, learned AGA and perused the record.

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The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 19.1.2023 issued by the Special Judge (Prevention of Corruption Act) in Case Crime No.147 of 2001, under Sections 193, 146, 147, 467, 471, 204, 120-B IPC and Section 13(1)D and 4(2) of Prevention of Corruption Act.

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Learned counsel for the petitioner submits that now the case is fixed for recording the statement of the petitioner under Section 313 Cr.P.C. The petitioner could not appear on 19.1.2023 because he is 80% permanently disabled and his both legs are almost paralysed. He further submits that the petitioner has no intention to avoid the trial, but under the compelling circumstances, he could not put his appearance on 19.1.2023. He also submits that if the petitioner is granted some reasonable time, he will appear before the trial court and submit fresh bail bonds and sureties, if the earlier sureties are not discharged.

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Sri Ratnendu Kumar Singh, learned AGA has no objection to the prayer, but it is submitted that the petitioner should not be granted long time and he must cooperate in early conclusion of the trial.

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Considering the aforesaid facts and submissions, the present petition is disposed of with liberty to the petitioner to appear

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before the trial court within three days from today and submit fresh bail bonds and two sureties to the satisfaction of the court concerned. However, if the earlier sureties have not been discharged, the same sureties will continue for the fresh bail bonds as well.

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Learned trial court shall make every endeavour to record the statement of the petitioner under Section 313 Cr.P.C. on the same day and conclude the trial at an early date.

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The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 27.2.2023

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Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Gokaran Prasad Pandey v. State of U.P. and Another

Case brief

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Gokaran Prasad Pandey v. State of U.P. and Another

Case brief

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