Islam and Another v. Viiith Additional Sessions Judge and Others

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 3166 of 1998 Petitioner :- Islam And Another Respondent :- Viiith Additional Sessions Judge And Others Counsel for Petitioner :- H.K. Sharma,Manu Sharma Counsel for Respondent :- A.G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the material placed on record. This criminal miscellaneous writ petition has been filed with the following prayers

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.06.1998 passed in criminal revision No. 188/96 by theVIIIth Additional Sessions Judge, Saharanpur.

(ii) Issue, a writ, order or direction in the nature of mandamus directing the respondents not to adopt any coercive method against the petitioners. It is submitted by learned counsel for the petitioners at the very outset that in this case direction be passed to the learned court concerned to hear and dispose of the bail application of the petitioners in accordance with law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioners as well as learned A.G.A. and perusal of record, it is directed that, if petitioners appear and move bail application before the learned court concerned the same shall be heard and decided within a period of 60 days from today as expeditiously as possible in the light of latest law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Accordingly, this writ petition is disposed of finally with the above direction. Order Date :- 24.11.2023 Suraj Srivastav High Court of Judicature at Allahabad