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2023 Supreme(All) 210

VIVEK KUMAR BIRLA, SURENDRA SINGH I
Zainab Fatima @ Rubi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Abhishek Kumar Mishra, Khan Saulat Hanif, Ravindra Sharma, Shadab Ali, Vijay Mishra.

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard Sri D.S. Mishra, learned Senior Counsel for the petitioners assisted by Abhishek Kumar Mishra, Sri Ravindra Sharma, Sri Sadab Ali, Sri Ravindra Sharma and Sri Vijay Mishra, learned counsels and Sri Manish Goyal, learned Additional Advocate General assisted by Sri A.K. Sand, learned AGA-I for the State-respondents.

2. We have heard learned counsel for the parties at length on preliminary objection that present petition is no longer maintainable as admittedly the petitioners have been released on personal bonds and they are not in illegal detention and in such case the petition has become infructuous.

3. Per contra, learned Senior Counsel for the petitioners disputed the same and submitted that even if petitioners are not in physical custody, the petition is still maintainable and has not been rendered infructuous as their movements are restricted due to personal bonds executed by them for their release.

4. Present petition has been filed seeking direction to the respondents to produce the corpus before this Hon'ble Court and set them at liberty forthwith.

5. Submission of learned Senior Counsel for the petitioners is that the petitioner nos. 2 an

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