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Asaduddin Owaisi vs The State Of Uttar Pradesh on 11 November, 2022

Bench: M.R. Shah, M.M. Sundresh

                                        IN THE SUPREME COURT OF INDIA
                                       CRIMINAL APPELLATE JURISDICTION


                               CRIMINAL APPEAL NOS.              OF 2022
                              (Arising from SLP(C)Nos. 9657-9658 Of 2022)



     ASADUDDIN OWAISI                                                    APPELLANT(S)

                                                    VERSUS


     STATE OF UTTAR PRADESH & ORS. ETC.                                  RESPONDENT(S)



                                                    O R D E R

Leave granted.

We have heard Shri M. R. Shamshad, learned counsel appearing on behalf of the petitioner, Shri Vinod Diwakar, AAG for the State and Shri Pramod Kumar Dubey, learned Senior Advocate for respondent Nos.2 and 3 in SLP(C)No. 9657 Of 2022 Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12-07-2022 in CRMBA No. 23399/2022 passed by the High Court of Judicature at Allahabad by which the High Court has released the respondent Nos. 2 and 3 on bail in connection with Case Crime No.45/2022 for the offence under Section 307 read with Section 120-B of the Indian Penal Code, Police Station Pilkhuwa, District Hapur and order dated 27-06-2022 in CRMBA No. 24787/2022, the victim/original informant/complainant has preferred the present appeals.

Digitally signed by Neetu Sachdeva

Having heard learned counsel appearing on behalf of respective Date: 2022.11.16 16:20:27 IST Reason: contd..

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parties and having gone through the impugned judgment and order(s) releasing the respondent nos. 2 and 3 on bail, it can be seen that there are no reasons at all given while releasing respondent nos. 2 and 3 on bail. Neither any prima facie opinion is given nor even the material collected during the course of the investigation which is now forming the part of the charge-sheet has been dealt with or considered by the High Court. Even the seriousness of the offence alleged for which the charge-sheet has now been filed has not been considered by the High Court.

In that view of the matter, the impugned judgment and order(s) passed by the High Court releasing the respondent nos. 2 and 3 on bail deserves to be quashed and set aside on the aforesaid ground alone and the matters are to be remitted to the High Court to consider the bail application(s) afresh in accordance with law and on its own merits after considering the material/evidence collected during the course of the investigation which are now part of the charge-sheet.

In view of the above and for the reasons stated hereinabove, the present appeals are allowed. The impugned judgment and order(s) passed by the High Court releasing respondent nos. 2 and 3 on bail is/are hereby quashed and set aside. Now, respondent nos. 2 and 3 to surrender before the concerned Jail Authority within a period of one week from today.

Contd..

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Thereafter, the High Court to finally decide and dispose of the bail application(s) on remand, at the earliest and preferably within a period of four weeks from the date of surrender.

With this, the present appeals are allowed.

.......................... J.

(M.R. SHAH) .......................... J.

(M.M. SUNDRESH) New Delhi;

November 11, 2022.

ITEM NO.39                      COURT NO.5                     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 for Special Leave to Appeal (Crl.) No(s). 9657-9658/2022 (Arising out of impugned final judgment and order dated 12-07-2022 in CRMBA No. 23399/2022, 27-06-2022 in CRMBA No. 24787/2022 passed by the High Court of Judicature at Allahabad) ASADUDDIN OWAISI Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ORS. ETC. Respondent(s) (IA No. 124569/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 124570/2022 - EXEMPTION FROM FILING O.T. IA No. 124573/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 11-11-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. M. R. Shamshad, AOR Mr. Arijit Sarkar, Adv.

Ms. Nabeela Jamil, Adv.

For Respondent(s) Mr. Vinod Diwakar, AAG for the State Mr. Sarvesh Singh Baghel, AOR Sh. Pramod Kumar Dubey, Sr. Adv.

Sh. Vivek Gaur, Adv.

Sh. Gaurav Gaur, Adv.

Sh. Abhigya Kushwah, AoR Sh. Avinash Mishra, Adv.

Sh. Anurag Andley, Adv.

Sh. Kaustubh Chauhan, Adv.

Sh. Deep Narayan Sarkar, Adv.

Ms. Sunita Yadav, Adv.

Ms. Pinky Dubey, Adv.

UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order. Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)