In an anticipatory bail application, the court extended the interim protection granted to the applicant because the investigation exceeded the 90-day period without a police report being submitted.
The original anticipatory bail order dated 18.02.2022 extended protection pending submission of the police report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1137 of 2022
Applicant :- Satish Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
List revised learned counsel for the applicant as well as learned AGA is present.
This anticipatory bail application has been filed for seeking bail in Case Crime No. 891 of 2020, under Section 420, 406, I.P.C., P.S. Kotwali Orai, District Jalaun.
It is submitted that in this case, by order dated 18.02.2022 interim protection was granted till the submission of Police report under Section 173 (2) Cr.P.C. or 90 days, whichever is earlier. Since, 90 days have passed but investigation could not be concluded by the Police and no Police report has been submitted till now. Therefore, requested to extend the protection till submission of Police report under Section 173 (2) Cr.P.C.
Learned AGA has opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submission made by learned counsel for the applicant, it appears that in this case, protection was granted in favour of the applicant till submission of Police report under Section 173 (2) Cr.P.C. or 90 days, whichever is earlier and now the period of 90 days have passed but after conclusion of investigation charge sheet has not been submitted against this applicant, therefore, the protection granted by order dated 18.02.2022 is extended till submission of Police report under Section 173 (2) Cr.P.C.
Accordingly, this anticipatory bail application is disposed of finally.
Order Date :- 12.1.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the interim anticipatory bail protection granted for 90 days should be extended pending submission of the charge sheet when investigation exceeds the statutory period.
2 provisions across 1 enactments
Satish Mishra
State of U.P.
Hon'ble Subhash Chandra Sharma,J.
Suraj Srivastav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
