Dismissed

Sadiq Ali v. State of U.P.

Allahabad HC21 Feb 2023BAIL/55326/2022

Case brief

AI extract

What is this about?

High Court Court No. 74 rejected the second bail application of Sadiq Ali. The court noted the applicant is a repeat offender and the trial is on foot. It dismissed the bail plea and directed the trial court in Aligarh to conclude the trial within one year with strict coercive measures for witnesses.

What did the court decide?

Bail application dismissed; trial to be concluded within one year; strict measures for witness attendance and fortnightly reports mandated.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55326 of 2022

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Applicant :- Sadiq Ali Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is a second bail application.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 350 of 2021 (Sessions Trial No. 1347 of 2022) at Police Station Civil Lines, District Aligarh under Sections 147, 148, 149, 323, 307, 504, 506 IPC. The applicant is in jail since 07.06.2022.

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The first bail application of the applicant was rejected by this Court on 16.09.2022.

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The learned trial court in its comments records that the trial is on foot. At this stage, no causes for interference is made out. The applicant is a repeat offender who has a long criminal history of heinous offences to his credit.

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Without going into the merits of the case, the bail application is dismissed.

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Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.

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The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.

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The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.

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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. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.

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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 promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.

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The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.

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A copy of this order be communicated to the learned trial judge through the learned District Judge, Aligarh by the Registrar (Compliance) by FAX.

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Order Date :- 21.2.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Sadiq Ali v. State of U.P.

Case brief

What is this about?

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Sadiq Ali v. State of U.P.

Case brief

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