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2021 Supreme(SC) 504

SUPREME COURT OF INDIA
SANJIV KHANNA, BELA M. TRIVEDI, JJ.
Zarifuddin – Appellant
Versus
Abdul Qadir and Another – Respondents
Criminal Appeal No. 1216 of 2019
Decided On : 20-09-2021

Advocates appeared:
For the Appellant(s) :Shadan Farasat, Bharat Gupta, Advocates
For the Respondent(s):Vinod Diwakar, Sarvesh Singh Baghel, B.N. Dubey, Vikas Choudhary, Aftab Ali Khan, Shariq Abbas Zaidi, Mansi Chahal, Advocates

IMPORTANT POINT
In case trial is not concluded within stipulated time, accused will be entitled to move fresh application of bail.

Headnote:

Criminal Procedure Code, 1973 – Section 439 – Bail – Grant of – Sustainability – Nine out of nineteen witnesses including four public witnesses have been examined by prosecution – However, some of public witnesses including victims have to be examined – Charge-sheet in this case has been filed on 10.08.2016 – Keeping in view facts of present case and nature of allegations, Court inclined to allow present appeal and set aside impugned order, granting bail to respondent no. 1 – Trial Court directed to conclude trial within a period of six months – In case trial is not concluded within said time, respondent no.1 will be entitled to move fresh application of bail which would be considered and decided on its own merits in accordance with law. (Paras 4 to 7)

Facts of the case:

Instant appeal takes exception to the order and judgment dated 11.04.2018 passed by High Court of Judicature at Allahabad, whereby Criminal Miscellaneous Bail Application No. 17393 of 2017 filed by respondent no. 1 has been allowed.

Findings of Court:

Respondent no.1 and other accused would cooperate with the Trial Court for expeditious and timely disposal as directed.

Result : Appeal disposed of.

ORDER :

1. With the consent of the parties we have taken up the criminal appeal for hearing.

2. This appeal takes exception to the order and judgment dated 11.04.2018 passed by the High Court of Judicature at Allahabad, whereby Criminal Miscellaneous Bail Application No. 17393 of 2017 filed by the respondent no. 1 before us, namely Mohd. Abdul Qadir has been allowed.

3. On the special leave petition being filed, this Court had stayed release at respondent no. 1 in terms of the impugned order. It is pointed out by the learned counsel for the parties that nine out of nineteen witnesses including four public witnesses have been examined by the prosecution. However, some of the public witnesses including the victims have to be examined.

4. The Charge-Sheet in this case has been filed on 10.08.2016.

5. Keeping in view the facts of the present case and nature of the allegations, we are inclined to allow the present appeal and set aside the impugned order, granting bail to Mohd. Abdul Qadir, respondent no. 1.

6. However, we issue directions to the Trial Court to conclude the trial within a period of six months. In case trial is not concluded within the said time, the respondent no. 1 will be entitled to move fresh application of bail which would be considered and decided on its own merits in accordance with the law.

7. Needless to say that respondent no. 1 and other accused would cooperate with the Trial Court for expeditious and timely disposal as directed.

8. The Trial Court is directed to submit report to this Court regarding compliance of the direction given.

9. The appeal is disposed of in above terms.

10. Pending applications, if any, disposed of.

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