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FIROZ versus STATE OF U.P.

High Court of Judicature at Allahabad

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Firoz v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22462 of 2006 [2007] RD-AH 5947 (3 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the material on record.

Counter and rejoinder affidavit have been exchanged.

Applicant Firoz fon of Suleman Khan  has prayed for release on bail in case Crime No. 209 of 2006, under Sections  307/504 IPC, P.S. Allapur, District Budaun.

Learned counsel for the applicant has contended that accused is alleged to have caused firearm injury on the left side of the chest of Sahrul. After operation bullet was recovered from thoracic cavity. X-ray report shows that 2nd and 3rd ribs on the left side were found broken.

He has also contended that applicant has been wrongly implicated on account of some dispute that took place between the parties when they were in Bombay. Statement of injured shows that he had come earlier from Mumbai but  the accused followed him and came to his house and then he was fired.

Considering the facts and circumstances of the case, but without prejudice to the merits of the case, applicant is not entitled to bail at this stage and his application for bail is liable to be rejected and is hereby rejected.

Learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in his speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of three months from the date of receipt of this order.

Copy of this order  be certified to learned Trial Court within a week.

Dated:  3.4.2007

RKS/22462/06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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