Supreme Court - Daily Orders
Amit @ Fauzi vs State Of Uttarakhand on 18 July, 2024
Bench: C.T. Ravikumar, Prashant Kumar Mishra
1
ITEM NO.13 COURT NO.11 SECTION II-B
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). 5933/2024
(Arising out of impugned final judgment and order dated 28-12-2023
in TBA No. 88/2023 passed by the High Court Of Uttarakhand at
Nainital)
AMIT @ FAUZI Petitioner(s)
VERSUS
STATE OF UTTARAKHAND Respondent(s)
(IA No.89693/2024-EXEMPTION FROM FILING O.T.
IA No. 89693/2024 - EXEMPTION FROM FILING O.T.)
Date : 18-07-2024 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Rishi Malhotra, AOR
Mr. Utkarsh Singh, Adv.
M/S Ansuiya, Adv.
For Respondent(s) Mr. Ravindra S. Garia, AOR
Mr. Shashank Singh, Adv.
Ms. Rachna Gandhi, Adv.
Mr. Sunil Kumar Singh, Adv.
Mr. Kamlendra Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioner seeks leave to assail the order dated 28.12.2023 passed by the High Court of Uttarakhand at Nainital in Third Bail Application No.88 of 2023. In connection with the FIR Signature Not Verified No.370 of 2021 registered at police station Kotwali Jwalapur, Digitally signed by Jagdish Kumar Date: 2024.07.18 17:25:44 IST Reason: District Haridwar, Uttarakhand, the petitioner was arrested on 13.07.2021. Earlier, the petitioner had unsuccessfully moved two 2 bail applications before the High Court. The order in the third bail application No.88 of 2023 is now under challenge. The aforesaid FIR was registered under Sections 395, 120-B, 412, 414, 216-A of the Indian Penal Code, 1860.
Heard the learned counsel for the petitioner and the learned counsel appearing for the State of Uttarakhand.
The subject FIR reveals that the accusations against the petitioner are very serious in nature. Be that as it may, the fact is that he was under incarceration since 13.07.2021 as an undertrial prisoner. To a pointed question by this Court, the learned counsel for the respondent State submitted that the trial is yet to be scheduled. It is a fact that the charge has been framed as early as on 01.12.2023. The proceedings of the Court filed by the learned counsel for the State on 21.06.2024 would show that on so many occasions the co-accused of petitioner had applied for exemption from appearance and that the court had allowed such applications. However, the fact is that the petitioner who was arrested as early as on 13.07.2021 is still under incarceration as an undertrial prisoner.
In the aforesaid circumstances, we are not satisfied with the way in which the proceedings are progressing before the Trial Court. We are of the considered view that subject to the stringent conditions, the petitioner can be ordered to be released on bail including a condition that he shall not enter into the limits of Haridwar District except on occasions for attending the Court proceedings. Needless to say further stringent conditions shall also be imposed by the Trial Court taking note of the nature of the 3 offences alleged. Ordered accordingly.
In that regard, the petitioner shall be produced before the Trial Court forthwith.
The special leave petition stands disposed of. Pending application(s), if any, shall stand disposed of.
(TUSHAR BISHT) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)