LawDistill
Supreme Court of India

ANSAR AHMAD vs STATE OF UTTAR PRADESH on 18 April, 2023

Cites 6 provisionsCites 1 judgmentsCited by 0
2023 INSC 725ReportableCrl.A. No.-001168-001168 - 2023Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Jamshed Burjor PardiwalaAdvocates TALHA ABDUL RAHMAN
REPORTABLE
Corrected
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICITION
CRIMINAL APPEAL No.1168 OF 2023
(ARISING OUT OF SLP (CRL.) No.8487 of 2021)
ANSAR AHMAD … APPELLANT
VERSUS
STATE OF UTTAR PRADESH AND ANR … RESPONDENTS
WITH
CRIMINAL APPEAL No.1169 OF 2023
(ARISING OUT OF SLP (CRL.) No.8540 OF 2021)
O R D E R

SLP(Crl) No. 8540/2021 (II)

(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 134240/2022 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 134242/2022 IA No. 134240/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 134242/2022 - EXEMPTION FROM FILING AFFIDAVIT)

Date : 18-04-2023 These matters were called on for hearing today.

CORAM :

For Petitioner(s) Mr. Siddharth Dave, Sr. Adv. Mr. Talha Abdul Rahman, AOR Ms. Vidhi Thaker, Adv. Mr. M Shaz Khan, Adv. Ms. Gayatri Dahiya, Adv.

For Respondent(s) Mr. Sharan Thakur, A.A.G. Mr. Rohit K. Singh, AOR Mr. Siddharth Thakur, Adv. Mr. Mustafa Sajad, Adv.

Mr. Basant R, Sr. Adv. Mr. Divyesh Pratap Singh, AOR Mr. Vikram Pratap Singh, Adv. Mr. Kavinesh Rm, Adv. Ms. Shivangi Singh, Adv.

Ms. Ishita Bedi, Adv. Ms. Ranjana Singh, Adv. Mr. Ajay Prabu, Adv.

Ms. Shivani Singh, Adv.

Mr. S. R. Setia, AOR Mr. K B Upadhyay, Adv. Mr. C P Pandey, Adv.

Mr. S N Tripathi, Adv. Ms. Pinki Tiwari, Adv. Mr. Shailesh Tiwari, Adv.

UPON hearing the counsel the Court made the following

1.Leave granted.

2.For the reasons stated in the signed order, the appeals are allowed, the impugned orders dated 23.09.2021, passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Bail Application No. 624 of 2019 and Bail Application No. 4309 of 2019, granting regular bail to the private respondents, are hereby set aside and both the respondents are directed to surrender before the Trial Court forthwith, failing which coercive action shall be taken against them.

3.However, the respondents shall be at liberty to apply for bail after examination of all the eye witnesses or other material witnesses. Any such application shall be considered as per its own merit without being influenced by the observations made hereinabove.

4.The Trial Court is directed to decide the case expeditiously and make an endeavour to conclude the trial within one year.

5.As a sequel thereto, pending interlocutory applications also stand disposed of. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed reportable order is placed on the file) ITEM NO.11 COURT NO.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).8487/2021 (Arising out of impugned final judgment and order dated 23-09-2021 in BN No.624/2019 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow) ANSAR AHMAD Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) IA No.134253/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No.57851/2022 - EXEMPTION FROM FILING AFFIDAVIT IA No.134255/2022 - EXEMPTION FROM FILING AFFIDAVIT IA No.143077/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT SLP(Crl) No. 8540/2021 (II) (FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 134240/2022 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 134242/2022 IA No. 134240/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 134242/2022 - EXEMPTION FROM FILING AFFIDAVIT) Date : 18-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Siddharth Dave, Sr. Adv. Mr. Talha Abdul Rahman, AOR Ms. Vidhi Thaker, Adv. Mr. M Shaz Khan, Adv. Ms. Gayatri Dahiya, Adv. For Respondent(s) Mr. Sharan Thakur, A.A.G. Mr. Rohit K. Singh, AOR Mr. Siddharth Thakur, Adv. Mr. Mustafa Sajad, Adv. Mr. Basant R, Sr. Adv. Mr. Divyesh Pratap Singh, AOR Mr. Vikram Pratap Singh, Adv. Mr. Kavinesh Rm, Adv. Ms. Shivangi Singh, Adv. Ms. Ishita Bedi, Adv. Ms. Ranjana Singh, Adv. Mr. Ajay Prabu, Adv. Ms. Shivani Singh, Adv. Mr. S. R. Setia, AOR Mr. K B Upadhyay, Adv. Mr. C P Pandey, Adv. Mr. S N Tripathi, Adv. Ms. Pinki Tiwari, Adv. Mr. Shailesh Tiwari, Adv. UPON hearing the counsel the Court made the following 1. Leave granted. 2. For the reasons stated in the signed order, the appeals are allowed, the impugned orders dated 23.09.2001, passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Bail Application No. 624 of 2019 and Bail Application No. 4309 of 2019, granting regular bail to the private respondents, are hereby set aside and both the respondents are directed to surrender before the Trial Court forthwith, failing which coercive action shall be taken against them. 3. However, the respondents shall be at liberty to apply for bail after examination of all the eye witnesses or other material witnesses. Any such application shall be considered as per its own merit without being influenced by the observations made hereinabove. 4. The Trial Court is directed to decide the case expeditiously and make an endeavour to conclude the trial within one year. 5. As a sequel thereto, pending interlocutory applications also stand disposed of. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed reportable order is placed on the file)