Supreme Court - Daily Orders
Gufran vs The State Of Uttar Pradesh on 6 February, 2024
Author: M.M. Sundresh
Bench: M.M. Sundresh
1
ITEM NO.3 COURT NO.14 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). 15997/2023
(Arising out of impugned final judgment and order dated 29-08-2023
in CLRA No. 2916/2018 passed by the High Court Of Judicature At
Allahabad)
GUFRAN Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
IA No. 199403/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 199404/2023 - EXEMPTION FROM FILING O.T. WITH INTERIM RELIEF Date : 06-02-2024 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Farrukh Rasheed, AOR Mr. Seraj Ahmad, Adv.
Mr. Abu Bakr Sabbaq, Adv.
Mr. Md. Ekhlakh Alam, Adv.
Mr. Ashish Sharma, Adv.
For Respondent(s) Ms. Srishti Singh, AOR Mr. Ajay Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
PRAYER FOR INTERIM RELIEF Learned counsel appearing for the appellant submits that there are arguable issues in the appeal Signature Not Verified and in the earlier cases he has been acquitted in six Digitally signed by ASHA SUNDRIYAL Date: 2024.02.06 17:15:47 IST Reason: cases. In one of the three remaining cases, an appeal is pending before the High Court and in the other two 2 cases, the trial is on going in the trial Court.
Incidentally, it is submitted that in the event this court is not inclined to grant bail on merits, the appellant may be granted bail on medical grounds as he has to undergo bypass surgery.
Learned counsel appearing for the respondent- State submits that the appellant has got criminal antecedents and both the Courts have concurrently found the appellant guilty of the offence punishable under Section 302, IPC. Therefore, there is no need for granting bail.
Considering the said submissions made, we are not inclined to grant bail to the appellant at this stage as admittedly the appellant is having criminal antecedents.
However, we are inclined to grant six week’s time to the appellant on medical ground so as to enable him to undergo a bypass surgery.
Accordingly the appellant is granted six weeks’ bail from the date of the receipt of the copy of this order subject to the terms and conditions to the satisfaction of the trial court. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)