1 ITEM NO.40 COURT NO.6 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). 2381/2023
(Arising out of impugned final judgment and order dated 14-09-2022 in CRA No. 989/2017 passed by the High Court Of Judicature At Allahabad)
DHARMENDRA YADAV Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
( IA No.14726/2023-CONDONATION OF DELAY IN FILING and IA
No.14724/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENTand
IA No.14723/2023-EXEMPTION FROM FILING O.T. and IA
No.14722/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA
No.14727/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES )
Date : 30-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DINESH MAHESHWARI
HON’BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Bhuwan Raj, AOR
Mr. C Solomon, Adv.
Mr. Raghunath Pathak, Adv.
Mr. Anubhav Mehrotra, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Permission to file special leave petition is granted.
Delay condoned.
Learned counsel for the petitioner submit that immediately after passing of the impugned order dated 14.09.2022, the bail plea of respondent 2 No.2 herein in another case pertaining to offence under Section 307 IPC was declined by the High Court in its order dated 29.09.2022 as passed in Criminal Miscellaneous Bail Application No.42868/2022. It is submitted that the antecedents of respondent No.2 and the gravity of offence have not been considered by the High Court while granting the third bail application in the present matter. Learned counsel for the petitioner has also submitted that as per his instructions, respondent No.2 has not been released as yet, for being in custody in relation to other cases. Issue notice, returnable in two weeks. Dasti service, in addition to ordinary process, is permitted.
In the meanwhile and until the next date of hearing, operation and effect of the impugned order
dated 14.09.2022 shall remain stayed, if not
already been given effect to.
(NEETU KHAJURIA)
ASTT. REGISTRAR-cum-PS (RENU BALA GAMBHIR)
COURT MASTER