Zarifuddin vs Abdul Qadir on 20 September, 2021


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Supreme Court of India

Zarifuddin vs Abdul Qadir on 20 September, 2021

Author: Sanjiv Khanna

Bench: Sanjiv Khanna, Hon’Ble Ms. Trivedi

                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION

                                      Criminal Appeal     No(s).   1216/2019

      ZARIFUDDIN                                                             Appellant(s)

                                                        VERSUS

      ABDUL QADIR & ANR.                                                     Respondent(s)



                                                       ORDER

With the consent of the parties we have taken up the criminal

appeal for hearing.

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.

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.

The Charge sheet in this case has been filed on 10.08.2016.

Keeping in view the facts of the present case and nature of

the allegations, we are inclined to allow the present appeal and
Signature Not Verified

set aside the impugned order, granting bail to Mohd. Abdul Qadir,
Digitally signed by Dr.
Mukesh Nasa
Date: 2021.09.20
18:07:47 IST
Reason:

respondent no. 1.

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.

Needless to say that respondent no.1 and other accused would

cooperate with the Trial Court for expeditious and timely disposal

as directed..

The Trial Court is directed to submit report to this Court

regarding compliance of the direction given.

The appeal is disposed of in above terms.

Pending application(s), if any, disposed of.

……………………………………………………J.

(SANJIV KHANNA)

……………………………………………………J.

(BELA M. TRIVEDI)
NEW DELHI
20th SEPTEMBER, 2021



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