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1999 Supreme(All) 1663

HIGH COURT OF ALLAHABAD
N.K. Mitra, CJ.
ASHOK KUMAR SINGH CHANDEL
Versus
STATE OF U P
Decided On : 15 October 1999
Crl. Misc. Application No. 5052 of 1999, with 2036/99 and 5271/99

Advocates Appeared:
M.C.Chaturvedi, M.D.Mishra,

N. K. MITRA, C. J.

Having heard learned counsel for the parties and going through the facts and circumstances of the case. I find that there is no merit in the application.

2. The submission of the learned counsel for the petitioners is that since the C. B. C. I. D. has yet submitted proper charge sheet and has not concluded the investigation, they are protected by the order of Honble I. M. Quddusi, J. dated 13th October. 1999, passed in Criminal Misc. Case No. 642 of 1998, filed under Section 482 Cr. P. C.

3. It has been submitted by the learned counsel for the respondents that the said order has subsequently been va cated and the said Crl. Misc. Case has subsequently been dismissed. After that another writ application was filed as Criminal Misc. Bail Cancellation Applica tion No. 18394 of 1998 which was allowed and the bail of the petitioner was cancelled

by Honble J,c, Gupia, J. vide order dated 21st May, 1999, which is Annexure-4 to the application. Against the said order of Honble J. C. Gupta J. dated 21st May, 1999,the petitioners moved the Apex Court, as it appears from Annexure-5 to the ap plication, and their application for Special Petition for Leave to appeal was also dis missed by the Apex Court vide its order dated 4. 10. 1999, which reads as under:

"we do not think that any justice would have been done in the matter con sidering that the bail application was dis posed of on the very day on which the application ia that behalf was served upon the special counsel for the State. The inter ests of justice, therefore, do not require us to interfere. The Special Leave petition is dismissed.

4. In such view of the matter, specially in view of the order of the Apex Court, no case for interference under section 482 Cr. P. C. is made out.

5. In the result, the application stand dismissed. Interim order, if any, shall stand vacated. However, I make it clear that the petitioner should surrender before the Court concerned forthwith and if they apply for bail their bail application should be heard expeditiously.

6. By this order other connected ap plications are also dismissed.

Application dismissed.


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