Wasi Haider vs State Of U.P. And Another
2022 Latest Caselaw 13372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 775 of 2015
 

 
Appellant :- Wasi Haider
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Brijesh Kumar Singh,Jitendra Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard accused-appellant in persons and the learned AGA and perused the record.

2. The present application has been filed against the order dated 10.12.2014 passed by the Additional District & Sessions Judge/Special judge (Ayodhya Prakaran), Lucknow in Criminal Misc. Case No.8 of 2014, whereby the bail application of the appellant has been rejected by the learned appellate court in Criminal Appeal No.439 of 2014, arising out of Case Crime No.01 of 2010, under Section 419, 420, 467 and 468 IPC, Police Station ATS, District Lucknow.

3. This Court vide order dated 30.11.2015 granted bail to the accused-applicant and the trial court was directed to decide the appeal within a period of six months.

4. Since the appeal could not be decided within the time stipulated by this Court, the trial court concerned vide letter dated 29.9.2016 sent a request to this Court to extend further period of three months for deciding the appeal. Thereafter, learned counsel for the accused-applicant has also moved an application bearing No. C.M. Application No.100167 of 2016 on 18.10.2016 for extension of time to decide the appeal. The said application is still pending no order could have been passed on it.

5. During the pendency of this application, the accused-applicant has been convicted by the learned Additional Session Judge-6, /Special Judge, P.C. Act, Lucknow vide final judgment and order dated 17.10.2019 in Criminal Appeal No.439 of 2014 for offences under Sections 120-B, 419, 420 and 468 IPC for a maximum period of two years and five months with fine stipulations.

6. This Court on 22.8.2022 assuming the application pending before this Court, directed for issuing bailable warrant of Rs.25,000/- against the accused-applicant and ensuring his presence before this Court on the next date of listing. Thereafter, the accused-applicant has moved an application bearing C.M. Application No.6 of 2022 for recall of the said order, which is listed today.

7. Be that as it may, since the accused-applicant has been convinced by the learned trial court vide judgement ad order dated 17.10.2019, this application has been rendered infructuous. It is accordingly rejected as having become infructuous.

8. All pending applications stand disposed of accordingly.

Order Date :- 17.9.2022

Rao/-