Supreme Court - Daily Orders
Qazi Mohammed Nooruddin vs The State Of Uttarakhand on 14 June, 2019
Bench: Ajay Rastogi, Surya Kant
1
ITEM NO.30 COURT NO.4 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). 5178/2019
(Arising out of impugned final judgment and order dated 31-05-2019
in FBA No. 1102/2019 passed by the High Court Of Uttarakhand At
Nainital)
QAZI MOHAMMED NOORUDDIN Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)
(FOR ADMISSION IA No. 87910/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 14-06-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE SURYA KANT
(VACATION BENCH)
For Petitioner(s)
Ms. Amita Singh Kalkal, AOR
For Respondent(s)
Mr. Ashutosh Kumar Sharma, Adv.
Mr. Jatinder Kuma Bhatia, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
We consider appropriate that the present petition deserves to be examined on merits. Taking note of the view expressed by three Judge Bench Judgment in Rakesh Kumar Paul Vs. State of Assam – (2017) 15 SCC 67 and also the fact that out of three accused, two Signature Not Verified have been enlarged on statutory bail under Section 167(2) of Cr. Digitally signed by DEEPAK SINGH Date: 2019.06.14 19:33:43 IST Reason: P.C. and the present application for statutory bail filed by the petitioner is rejected by High Court of Uttarakhand. 2 Keeping the issue pending for consideration, learned counsel for the petitioner submits that liberty may be granted to the petitioner for filing regular bail application under section 439 of Cr. P. C..
Keeping the issue raised in the instant petition pending consideration, we grant indulgence to the petitioner for moving an application under Section 439 of Cr. P.C. and if such an application is filed, it is expected from the Trial Court to examine it on its own merits without being influenced/inhibited by any observations made in the impugned orders and decide the same expeditiously in accordance with law. List the matter in the month of July, 2019 on a non- miscellaneous day.
(DEEPAK SINGH) (RENU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)