1 ITEM NO.20 COURT NO.12 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). 2559/2022 (Arising out of impugned final judgment and order dated 15-02-2022 in CRMBA No. 48333/2021 passed by the High Court Of Judicature At Allahabad)
BABU Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(IA No. 30088/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 125544/2022 – EXEMPTION FROM FILING O.T.
IA No. 30089/2022 – EXEMPTION FROM FILING O.T.)
Date : 24-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. S.W.A. Qadri, Sr. Adv.
Mr. Aditya Sharma, Adv.
Mr. Saeed Qadri, Adv.
Mr. F. I. Choudhury, AOR
For Respondent(s) Mr. Garvesh Kabra, AOR
Mr. Satwik Mishra, Adv.
Ms. Arundhati Katju, Adv.
Mr. Pradeep. Kumar Yadav, Adv.
Mr. Gopal Singh, Adv.
Mr. Vishal Thakre, Adv.
Mr. Aryan P. Nanda, Adv.
Mr. Gagan Kumar, Adv.
Mr. Sanjeev Malhotra, AOR
2 UPON hearing the counsel the Court made the following
O R D E R
Heard the learned senior counsel for the petitioner as also the learned counsel for the respondents and perused the petition papers.
The petitioner is the complainant, and as such is aggrieved by the Order dated 15.02.2022 passed by the High Court of Allahabad in Criminal Misc Bail Application No. 48333/2021 whereby, the respondent no.2 herein, has been granted bail. Though, the learned senior counsel for the petitioner seeks to refer to the facts arising in the case, at this stage, in a matter where bail had already been granted by the High Court, we see no reason to advert to the same since any observation on those aspects would affect the trial. In that view, all that we wish to note at this juncture is that even in the teeth of the allegations made against the respondent no.2, it is seen that the respondent no.2 was in incarceration for about four years and seven months before the High Court considered to grant him bail. Further, there is no specific complaint of violation of any conditions imposed upon him. In that view of the matter, we see no reason to interfere with the impugned order however, the parties shall co-operate before the Trial Court for expeditious conclusion of trial. Since the High Court has already indicated the period by which the trial is to be completed, the same be adhered and we see no need to pass any order in that regard.
3 Petition is disposed of accordingly.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR