Sallan Maulana v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C. for heinous offences including murder, the High Court of Judicature at Allahabad rejected the plea. The court held that the delay in trial was attributable to the applicant's non-cooperation in completing cross-examination, negating the benefit of long detention. Consequently, no ground was found to release the applicant.
What did the court decide?
Application for enlargement on bail during the pendency of trial is rejected.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44840 of 2022
Applicant :- Sallan Maulana Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Alam,Kifayat Ali Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.
By means of this second bail application under Section 439 of Cr.P.C., applicant-Sallan Maulana, who is involved in Case Crime No. 1019 of 2016, under Sections 302, 307 and 120-B IPC and Section 7 of Criminal Law Amendment Act, Police Station Naini, District Prayagraj, seeks enlargement on bail during the pendency of trial.
First bail application of the applicant was rejected vide order dated 7.11.2020 in Criminal Misc. Bail Application No. 10030 of 2020.
As per prosecution case in brief, informant who is brother of the deceased lodged F.I.R. on 14.11.2016 under Section 302, 307 I.P.C. and Section 7 of Criminal Law Amendment Act against Sallan Maulana (present applicant) and Baby (wife of the deceased) alleging inter-alia that on 14.11.2016 at around 06:00 pm, he along with his younger brother came to Raju mobile centre and all of a sudden, present applicant-Sallan Maulana, in front of him, shot his younger brother and also made fire on him but he narrowly escaped. F.I.R. further alleges that due to illicit relation of the applicant with the wife of the deceased, this occurrence had been given effect. The said incident was witnessed by many people. When he took his brother to Swarooprani Hospital, doctors have declared him dead.
Issues for consideration
2 issues framed by the court
Whether an applicant entangled in allegations of murder, where the defense is uncooperative in concluding the trial, is entitled to bail considering the detention period and gravity of the offence.
Whether the delay in the conclusion of the trial is attributable to the applicant who failed to cooperate with cross-examination.
Parties & counsel
- applicant
Sallan Maulana
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/44840/2022
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