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Bhola vs The State Of Uttar Pradesh on 11 January, 2021

Bench: D.Y. Chandrachud, Indira Banerjee, Sanjiv Khanna

                                                            1

     ITEM NO.30                      Court 6 (Video Conferencing)                    SECTION II

                                     S U P R E M E C O U R T O F            I N D I A
                                             RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).24985/2020

     (Arising out of impugned final judgment and order dated 20-05-2019
     in CRLA No. 4796/2010 passed by the High Court of Judicature at
     Allahabad)

     BHOLA & ORS.                                                                  Petitioner(s)

                                                           VERSUS

     THE STATE OF UTTAR PRADESH                                                    Respondent(s)

     (WITH I.R. and IA No.121346/2020-CONDONATION OF DELAY IN FILING and
     IA No.121349/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.121347/2020-EXEMPTION FROM FILING O.T. and IA
     No.121343/2020-EXEMPTION FROM CUSTODY CERTIFICATE)

     Date : 11-01-2021 This petition was called on for hearing today.

     CORAM :
                             HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                             HON'BLE MS. JUSTICE INDIRA BANERJEE
                             HON'BLE MR. JUSTICE SANJIV KHANNA

     For Petitioner(s)                     Ms. Aastha Mehta, Adv.
                                           Ms. Vishakha, Adv.
                                           Ms. Deepanwita Priyanka, AOR

     For Respondent(s)                     Mr. Divyesh Pratap Singh, Adv.
                                           Ms. Srishti Singh AOR

                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 Ms Aastha Mehta, learned counsel appearing on behalf of the petitioners, submitted that the petitioners be released on bail, pending the disposal of the Special Leave Petition. She has placed reliance on the orders which have been Signature Not Verified passed on 27 April 2020 (Annexure P-23) and 25 November 2020, where the Digitally signed by Sanjay Kumar Date: 2021.01.11 17:18:03 IST Reason: other co-accused were enlarged on bail.

2 Mr Divyesh Pratap Singh, learned counsel appearing on behalf of the State of Uttar Pradesh, on the other hand, submitted that the ground for the grant of bail in the first case was the ongoing pandemic and it would appear that the same position would have weighed with the Court while granting bail on 25 November 2020 in the subsequent Special Leave Petition. He further submitted that having regard to the seriousness of the offence and the gruesome nature of the crime, bail should not be granted to the petitioners.

3 In our considered view, it would be appropriate if all the Special Leave Petitions are taken up for hearing for final disposal at an early date. We accordingly direct that SLP (Crl) No 8208 of 2019, SLP (Crl) Diary No 20831 of 2020 and the present Special Leave Petition, being SLP (Crl) Diary No 24985 of 2020, be listed for final disposal on 16 February 2021.

       (SANJAY KUMAR-I)                                 (SAROJ KUMARI GAUR)
          AR-CUM-PS                                        COURT MASTER