ITEM NO.35 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(s) for Special Leave to Appeal (Crl.) No(s). 9651/2021 (Arising out of impugned final judgment and order dated 18-07-2019 in CRLA No. 3409/2019 passed by the High Court Of Judicature At Allahabad)
DAYARAM MISHRA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ANR. Respondent(s)
( IA No. 151357/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 151358/2021 – EXEMPTION FROM FILING O.T.)
Date : 27-01-2023 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE AJAY RASTOGI
HON’BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Tanveer Ahmed Mir, Adv.
Mr. Arjun Singh Bhati, AOR
Mr. Kartik Venu, Adv.
Ms. Tasmiya Taleha, Adv.
For Respondent(s) Ms. Sakshi Kakkar, Adv.
Ms. Alka Sinha, Adv.
Mr. Anuvrat Sharma, AOR
Mr. Gaurav Agrawal, Adv.
Mr. Sanjay Mani Tripathi, Adv.
Ms. Manisha Ambwani, AOR
UPON hearing the counsel the Court made the following
O R D E R
The present petition has been filed assailing order dated 18.07.2019 passed by the High Court granting bail to respondent No.2 herein during pendency of the appeal. It manifests from the record that FIR was registered for offences under Sections 147, 148, 302/149, IPC at the instance of the present petitioner (PW 1), who is one of the alleged eye witness of the incident. 1The learned Trial Court, after holding the respondent guilty along with five other co-accused persons, convicted respondent No.2 and others herein for offences under Sections 147,148,302/149, IPC read with Sections 4/25 of the Arms Act and sentenced to life imprisonment, that became a subject matter of challenge at the instance of respondent No.2 herein by filing an appeal before the High Court.
The High Court, by its impugned judgment, suspended the sentence and granted bail to the accused/respondent and that became subject matter of challenge at the instance of the de facto complainant in the instant special leave petition. We have heard learned counsel for the parties for quite some time and with their assistance perused the material placed on record. We are of the view that ends of justice will be met, if the appeal itself is heard on merits. Let the Criminal Appeal No. 3409 of 2019 along with other connected appeals arising out of the self-same judgment dated 25 th March, 2019 of the learned Session Judge (Criminal Appeal Nos. 2756/2019, 2783/2019, 2843/2019, 2779/2019 and 2781/2019) be listed before the High Court and may be decided on its own merits. Let the parties may submit the mini paper book in the Registry of the High Court within a period of one month and appeals be listed for hearing at an early date. The parties shall record their presence before the High Court on 13.03.2023. We request the High Court to decide the pending appeals on its own merits expeditiously, in any case within a 2 period of six months from the date of listing of the matter (13.03.2023). The special leave petition stands disposed of.
Pending applications also stand disposed of.
(MEENAKSHI KOHLI) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
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