Allahabad HC Releases Man Jailed For 11 Months Following NBW In State’s Appeal Against Acquittal Sans Producing Him In HC, Calls His Custody Illegal
Title: State of U.P. vs. Zameel Alias Fauda And 5 Ors.
Citation: GOVERNMENT APPEAL No. – 792 of 2018
Decided on: 20.11.2023
Coram: Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra
Introduction
The Allahabad High Court has recently granted bail to a man, stating that his arrest was conducted without him being presented before the High Court, following the issuance of Non-Bailable Warrants by the High Court. This occurred while the State’s appeal against the individual’s acquittal in a criminal case was still pending before the High Court. Describing the custody of the accused-respondent as ‘unlawful’ and his arrest as ‘baseless,’ the bench comprising Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra ordered his release upon the provision of a personal bond amounting to Rs. 50,000.
Facts of the case
This is an application for grant of bail filed on behalf of respondent no.1 Zameel alias Jaleel @ Fauda for releasing him on bail in Session Trial, arising out of a case under section 302 read with section 34, 120B IPC, which has been filed against the judgment of acquittal.
Court’s observation and analysis
The court also characterized the proceedings as ‘surprising,’ expressing surprise at the unconventional procedure followed in the case. In this unusual scenario, the accused-respondent was arrested after a non-bailable warrant was issued against him, and he was incarcerated without any communication to the High Court regarding his situation. It’s noteworthy that in the typical process, when Non-Bailable Warrants are issued against an individual who has previously been acquitted, they are usually brought before the High Court to engage legal representation or receive free legal aid. However, in this specific case, the accused-respondent was apprehended in November of the previous year without any prior notice, following the issuance of a Non-Bailable Warrant by the High Court. With these remarks, the court granted him bail and scheduled the state’s appeal for a final hearing in due course.
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Written by- Amrita Rout