Dismissed

Sahbaz v. State of U.P.

Allahabad HC2 Aug 2024A482/21533/2024

Case brief

AI extract

What is this about?

Single Bench allowed an applicant in a bail application u/s 482 Cr.P.C. to claim tokenless sureties in one case for five cases. The court held that surety conditions by coordinate Benches could not be modified here.

What did the court decide?

Application dismissed with liberty to approach coordinate Benches for modification; liberty to file fresh application for modification of terms fixed by trial court.

Sahbaz vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:125279

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 21533 of 2024

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Applicant :- Sahbaz Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.

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The instant application u/s 482 Cr.P.C. has been preferred seeking direction to the court below to accept the personal bonds and two sureties in one case treating the same in all the five cases in which the applicant has been enlarged on bail.

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Learned counsel for the applicant states that the applicant has been enlarged on bail in five cases, but he could not arrange the sureties for all the cases separately, therefore, the applicant may be permitted to furnish the sureties of one case for all.

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On perusal of the record, it transpires that the applicant has been enlarged on bail in aforesaid five cases on certain terms by the coordinate Benches of this Court and the trial court as well. The terms of the bail orders passed by the co-ordinate Benches of this Court in three cases, cannot be modified by this Court in the proceeding u/s 482 Cr.P.C.

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The applicant's counsel was given an option to withdraw the instant application and seek appropriate remedy in accordance with law and the procedure of this Court, but he chose to argue on merits.

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In view of the foregoing discussions, I do not find any substance in the arguments of applicant's counsel.

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The instant application is disposed of with liberty to the applicant to approach before the co-ordinate Benches of this Court for modification of the terms of the bail orders in all the three cases, if he so desires. So far as the modification on the terms of the bail orders passed by the trial court in two cases is concerned, the applicant may file a fresh application u/s 482 Cr.P.C., in accordance with law.

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Order Date :- 2.8.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Sahbaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sahbaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

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