Dismissed

Noor Mohammad v. State of U.P.

Allahabad HC9 Feb 2023BAIL/57571/2022

Case brief

AI extract

What is this about?

This court dismissed the second bail application as no fresh grounds were made out. It directed the trial court to conclude the trial within one year and imposed strict timelines for progress reports to ensure speedy trial.

What did the court decide?

The bail application was dismissed. The trial court is directed to conclude the trial within one year from the date of receipt of the certified copy of this order.

Noor Mohammad 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. - 57571 of 2022 Applicant :- Noor Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Shams Tabrez Ali,Azad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is second bail application.

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Heard Sri Shams Tabrez Ali, learned counsel for the applicant and learned A.G.A for the State.

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By means of this bail application the applicant has prayed to be enlarged on bail in Session Trial No. 517 of 2022 arising out of Case Crime No. 162 of 2022 at Police Station Mughal Sarai, District Chandauli under Section 304 IPC. The applicant is in jail since 19.05.2022.

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The first bail application of the applicant was rejected by this Court on 01.08.2022.

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The report of the trial court indicates that the trial court is on foot. No fresh ground for bail is made out at this stage.

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

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Shri Shams Tabrez Ali, learned counsel for the applicant contends that the applicant is in jail since 19.05.2022. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. Inordinate delay in concluding trial

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had lead to virtually an indefinite imprisonment of the applicant and violates the rights of the applicant to speedy trial.

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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 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 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

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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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The learned District Judge shall submit the status report depicted and also the report showing compliance of this order to the Hon'ble Administrative Judge, Chandauli after every four months.

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

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Order Date :- 9.2.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Noor Mohammad v. State of U.P.

Case brief

What is this about?

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Noor Mohammad v. State of U.P.

Case brief

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