Mohd. Safeek And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- APPLICATION U/S 482 No. - 5466 of 2021
 
Applicant :- Mohd. Safeek And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another
 
Counsel for Applicant :- Ramakar Shukla,Sudhakar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

IA/2/2022 [Application for extension of time]

Vakalatnama filed is taken on record.

Heard Shri Sudhakar Mishra on the application for extension of time granted by me in an order dated 20.12.2021.

In the affidavit filed in support of the application for extension of time the petitioner has stated that this Court has granted three weeks' time to the applicant to move appropriate bail application before the learned trial court which would be considered in the light of the judgment rendered by the Hon'ble Supreme Court in the case of Satendra Kumar Antil vs. CBI and Another in SLP No.5191 of 2021 decided on 07.10.2021.

The petitioner could not surrender in time and move the appropriate bail application for reasons beyond his control and, therefore, this application for extension of time as granted in the order dated 20.12.2021 has been moved.

This Court has carefully perused the order dated 20.12.2021. In the operative portion of the order this Court has passed the following direction.

"This petition is disposed of with a direction to the petitioners to move appropriate bail application within three weeks before the learned trial court. The court concerned shall follow the guidelines prescribed in Satender Kumar Antil vs. Central Bureau of Investigation and Another, and dispose of the bail application of the petitioners expeditiously."

From a perusal of para 6 of the order dated 20.12.2021 it is evident that this Court has not directed the learned trial court to ignore the guidelines prescribed by the Hon'ble Supreme Court in Satendra Kumar Antil (supra) if the bail application is moved after the period of three weeks as given in order dated 20.12.2021.

No court can ignore the guidelines of the Hon'ble Supreme Court as given in Satendra Kumar Antil as such guidelines have been issued in exercise of powers under Article 142 of the Constitution by the Hon'ble Supreme Court, therefore, this application for extension of time is misconceived and is rejected.

Order Date :- 20.5.2022

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