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2012 Supreme(SC) 40

P.SATHASIVAM, J.CHELAMESWAR
Maulana Mohd. Amir Rashadi – Appellant
Versus
State of U. P. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves an appeal against a High Court order granting conditional bail to the respondent accused of serious offenses under Sections 302 and 307 of the Indian Penal Code (!) (!) .

  • The appellant, who is the President of a political party, contended that the respondent was involved in a violent incident resulting in a fatality and serious injuries during a political meeting, and that the respondent has a criminal background with numerous cases against him (!) (!) (!) .

  • The respondent has been in jail since August 24, 2009, and the trial had commenced with the examination of witnesses. The prosecution assured that the trial would be concluded within a reasonable time frame (!) (!) .

  • The High Court granted conditional bail, imposing several strict conditions, including the trial court's liberty to revoke bail if conditions were breached, and the appellant's right to inform the court of any threats received from the respondent or his supporters (!) (!) .

  • The appellate court noted that the respondent was in custody, the trial was progressing, and the prosecution's assurances indicated a likelihood of a timely conclusion. It also emphasized the importance of strict adherence to bail conditions and the trial court's authority to revoke bail if necessary (!) (!) .

  • The appellate court found no merit in the appeal and dismissed it, affirming the High Court's order, with directions for the trial to be completed within four months from receipt of the order, barring unnecessary delays (!) .

  • Overall, the court balanced considerations of the respondent's background, progress of the trial, and assurances of a swift trial, concluding that the bail conditions and safeguards were appropriate and sufficient (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice.


JUDGMENT

P.Sathasivam,J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 06.08.2010 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 28420 of 2009 whereby the High Court has granted bail to Mr. Ramakant Yadav - respondent No.2/accused in Case Crime No. 622 of 2009, FIR No. 63 of 2009 under Sections 302 and 307 of the Indian Penal Code, 1860 (in short ‘IPC’), Police Station Phoolpur, District Azamgarh, U.P.

3) Brief facts:

(a) According to the appellant, he is the President of a political party, namely, Rashtriya Ulema Council. On 12.08.2009, a meeting of the Party was to be held at Phoolpur, District Azamgarh, U.P. from 10 a.m. to 4 p.m. and he was to attend the said meeting in the capacity of Chief Guest.

b) At about 1.45 p.m., the appellant started towards the venue of the meeting and his convoy was being led by 10 to 15 supporters who were riding on motorcycles. At that moment, the second respondent/accused came from behind in the convoy of cars and immediately after crossing the appellant’s car and his supporters, the convoy of cars belonging to the second respondent/accused suddenly stopped on th










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