Mahmood Ali, & Others vs State Of U.P., & Another on 29 January, 2010

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Allahabad High Court
Mahmood Ali, & Others vs State Of U.P., & Another on 29 January, 2010
Court No. - 13

Case :- U/S 482/378/407 No. - 406 of 2010

Petitioner :- Mahmood Ali, & Others
Respondent :- State Of U.P., & Another
Petitioner Counsel :- Ajmal Khan
Respondent Counsel :- G.A.

Hon'ble Yogendra Kumar Sangal,J.

Heard learned counsel for the applicants, learned AGA for the State and
perused the record.

During the course of arguments , learned counsel for the applicants not
pressed the petition for quashing of the Charge-sheet Nos. 113 and 113A
dated 29.07.2009 & 01.08.2009 receptively relating to Case Crime No. 126
of 2009, under Sections 307, 323, 540, 506 & 452 IPC, Police Station Antu,
district Pratapgarh. He submitted that earlier the FIR was lodged for the
offence under Sections 323, 504, 505 & 452 IPC. All the accused petitioners
were get released themselves on bail from the court. Later on after
investigation, Section 307 IPC was also slapped in the charge-sheet. He
prayed for direction to the trial court for expeditious disposal of the bail
application, if moved.

Learned AGA has not raised any serious objection, if the relief as above is
granted.

As the accused applicants are already on bail in the same crime and Section
307 IPC was laterly slapped, in the circumstances of the case, if within 30
days from today, the applicants surrender before the court concerned and
move application for bail, the same shall be disposed of by the courts below in
the light of law laid down by full bench in Amrawati and another Vs. State
of U.P. 2005 Cr.L.J 755.

In the meantime, no coercive steps shall be taken against the petitioners.

This petition finally disposed of with the above observation.

Order Date :- 29.1.2010
Kaushal

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