SURENDRA PAL CHAUDHARY versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Surendra Pal Chaudhary v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 20002 of 2007 [2007] RD-AH 18619 (4 December 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Imtiyaz Murtaza J.

Hon. Ajai Kumar Singh, J.

Heard learned counsel for the petitioners and learned A.G.A. We have also heard Sri U.N.Sharma, Senior Advocate who has put in appearance on behalf of respondent no. 3.

It has been argued across the bar that the petitioner is already incarcerated in jail in some other case i.e. case crime no. 1204 of 2007 under section 407, 420, 467, 120 B , 468 and 471 I.P.C. P.S. Sector 20 District G.B.Nagar and his application bail is pending before the Magistrate concerned but the police has not sought remand allegedly with oblique motive of prolonging incarceration of the petitioner in jail in case crime no.907 of 2007 under sections 420, 406, 504 and 506 I.P.C. P.S. Sector 20 District Gautam Budh Nagar. It is further argued that the arrest of the co-accused has already been stayed by this Court.

Having heard learned counsel for the parties, we are of the view that the interest of justice would be best attained if the Magistrate concerned is directed to decide the bail application expeditiously, in case any such application is preferred by the petitioner.

The petition is disposed of attended with the direction that in case the petitioner applies for bail his prayer for bail in case crime no. 907 of 2007 under section 420, 406, 504 and 506 I.P.C. is heard and decided expeditiously on its intrinsic merits.

IAQ 4.12.2007

20002 of 2007

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