Supreme Court - Daily Orders
Shahjad vs The State Of Uttar Pradesh on 31 October, 2022
Bench: Ajay Rastogi, C.T. Ravikumar
1
OUT TODAY
ITEM NO.43 COURT NO.7 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). 7840/2022
(Arising out of impugned final judgment and order dated 30-03-2022
in CRMBA No. 20691/2021 passed by the High Court Of Judicature At
Allahabad)
SHAHJAD Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
Date : 31-10-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Mr. M. M. Kashyap, AOR
Mr. Ilin Saraswat, Adv.
Ms. Ilma Saifi, Adv.
Ms. Poonam Seth, Adv.
Ms. Divya, Adv.
Mr. Imran Kashif, Adv.
For Respondent(s) Ms. Sakshi Kakkar, Adv.
Mr. Vishwa Pal Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
The present petition has been filed seeking post-arrest bail pending trial. The petitioner is facing trial for offence under Sections 8/15 of the NDPS Act in reference to FIR No.P.S.R. 626/2020 registered on 30.08.2020. It is informed that the charges have been framed and one of the co-accused (A1) has been granted Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.10.31 regular bail by the High Court by order dated 02.12.2020. 18:53:19 IST Reason:
The learned counsel for the petitioner submits that the petitioner is in custody for almost 2 years by this time and out of 2 9 witnesses in the calender of witnesses, one prosecution witness has been examined by this time and how long the trial may take to conclude is not within his domain.
The learned counsel for the respondent, while opposing the bail application, has informed this Court that apart from the present trial which the petitioner is facing, there is a criminal case under the Excise Act registered against him at one point of time.
Taking into consideration the period of incarceration and so also the fact that the trial has just commenced, in the given facts and circumstances, how long it will take is indeed not in the domain of the petitioner, we consider it appropriate to enlarge the petitioner on bail on the terms and conditions to the satisfaction of the trial court, pending trial.
Ordered accordingly.
In view of above, the Special Leave Petition is disposed of. Pending interlocutory application, if any, is/are disposed of.
(JAYANT KUMAR ARORA) (MONIKA DEY) ASTT. REGISTRAR-cum-PS COURT MASTER