Manohar Second Bail vs State Of U.P.
2023 Latest Caselaw 17229 ALL

Citation : 2023 Latest Caselaw 17229 ALL
Judgement Date : 12 July, 2023

Allahabad High Court

Manohar Second Bail vs State Of U.P. on 12 July, 2023

Bench: Mohd. Faiz Khan





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Court No. - 14
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4978 of 2020
 

 
Applicant :- Manohar Second Bail
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Pawan Kumar Pandey,Mohd. Amir Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

During the course of deliberation it is transpired that the First Bail Application of the applicant was rejected by a Coordinate Bench of this Court vide order dated 31.3.2010 passed in Bail No. 4265 of 2008, however, thereafter the applicant was released on short term bail vide order dated 9.4.2012 passed in Crl. Misc. Bail Application No. 1997 of 2012 for six weeks from the date of order, however, it could not be inferred from the record as to on what date the applicant had surrendered before the trial court after expiry of the period of interim bail/ short term bail and in what scenario his file was separated from the other co-accused persons whose case has been decided by the trial court by passing judgment and order dated 20.9.2016 passed in Sessions Trial No. 574 of 20008.

Thus the trial court is directed to submit a comprehensive report to this Court on the following points:-

(i) Whether on 31.3.2010 on which the first bail application of the applicant was rejected by a Coordinate Bench of this Court, the applicant was in judicial custody?

(ii) Whether the accused/ applicant in pursuance of the order of this Court dated 9.4.2012 passed in Crl. Misc. Bail Application No. 1997 of 2012 surrendered before the trial court within the period stipulated in that order?

(iii) In what scenario the file of the instant applicant was separated from the file of the other co-accused persons whose case has been decided by passing the judgment and order dated 20.9.2016 passed in Session Trial No. 574 of 2008?

(iv) For how long the applicant remained absconded from the trial court?

Report as desired be submitted positively till the next date of listing.

A copy of this order may immediately be sent to the trial court through the Sessions Judge concerned.

List on 27.7.2023.

Order Date :- 12.7.2023

Muk