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ABDUL MABOOD HAFIZ v. STATE OF U.P.

Supreme Court of India | Diary 10200/2021

Status

ROP - of Main Case

Decided On

16-08-2021

Bench

HON'BLE MR. JUSTICE S. ABDUL NAZEER and HON'BLE MR. JUSTICE KRISHNA MURARI

Petitioner

ABDUL MABOOD HAFIZ

Respondent

STATE OF U.P.

Primary Holding

Prolonged pre-trial or appellate detention of approximately 13 years constitutes sufficient ground for grant of bail pending disposal of a criminal appeal before the High Court.

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Full Judgment Text

REVISED ITEM NO.36 Court 7 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5153/2021 (Arising out of impugned final judgment and order dated 11-04-2016 in CRMBA No. 75706/2012 in CRLA No.925/2012 passed by the High Court of Judicature at Allahabad) ABDUL MABOOD HAFIZ Petitioner(s) VERSUS STATE OF U.P. Respondent(s) Date : 16-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Ms. Anita Tripathi,Adv. Mr. Ankur Yadav, AOR For Respondent(s) Mr. S.R.Singh,Sr.Adv. Mr. Ankur Prakash, AOR UPON hearing the counsel the Court made the following O R D E R Heard Ms. Anita Tripathi, learned counsel for the petitioner and Mr. S.R.Singh, learned senior counsel appearing for the respondent-State. It is not disputed that the petitioner is in custody for about 13 years. Having regard to the facts and circumstances of the case, we are inclined to grant bail to the petitioner on the terms and conditions to be imposed by the trial Court till the disposal of the pending Criminal Appeal by the High Court. Ordered accordingly. 1

The Special Leave Petition is disposed of accordingly. Pending application, if any, also stands disposed of. (ANITA MALHOTRA) (KAMLESH RAWAT) COURT MASTER COURT MASTER 2

ITEM NO.36 Court 7 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5153/2021 (Arising out of impugned final judgment and order dated 11-04-2016 in CRMBA No. 75706/2012 in CRLA No.925/2012 passed by the High Court of Judicature at Allahabad) ABDUL MABOOD HAFIZ Petitioner(s) VERSUS STATE OF U.P. Respondent(s) Date : 16-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Ms. Anita Tripathi,Adv. Mr. Ankur Yadav, AOR For Respondent(s) Mr. S.R.Singh,Sr.Adv. Mr. Ankur Prakash, AOR UPON hearing the counsel the Court made the following O R D E R Heard Ms. Anita Tripathi, learned counsel for the petitioner and Mr. S.R.Singh, learned senior counsel appearing for the respondent-State. It is not disputed that the petitioner is in custody for about 13 years. Having regard to the facts and circumstances of the case, we are inclined to grant bail to the petitioner on the terms and conditions to be imposed by the trial Court. Ordered accordingly. 3

The Special Leave Petition is disposed of accordingly. Pending application, if any, also stands disposed of. (ANITA MALHOTRA) (KAMLESH RAWAT) COURT MASTER COURT MASTER 4

ITEM NO.25 Court 8 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10200/2021 (Arising out of impugned final judgment and order dated 11-04-2016 in CRMBA No. 75706/2012 in CRLA No.925/2012 passed by the High Court of Judicature at Allahabad) ABDUL MABOOD HAFIZ Petitioner(s) VERSUS STATE OF U.P. Respondent(s) (FOR ADMISSION and I.R. and IA No.55885/2021-CONDONATION OF DELAY IN FILING and IA No.55886/2021-EXEMPTION FROM FILING O.T.) Date : 16-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Ms. Anita Tripathi,Adv. Mr. Ankur Yadav, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Delay condoned. Issue notice returnable within four weeks. Learned counsel for the petitioner is permitted to serve the standing counsel for the respondent-State of Uttar Pradesh. (ANITA MALHOTRA) (KAMLESH RAWAT) COURT MASTER COURT MASTER

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