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Item No. 35

Sami Ullah & Ors. Etc. Vs. Zulfikar Nasir & Ors. Etc.

[Criminal Appeal Nos.1547-1549/2018]

[I.A. No.135295/2021 - For Grant of Interim Bail) - Listed]

Date: 18-11-2021

This matter was called on for hearing today.

CORAM:
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE S. RAVINDRA BHAT

For Appellant(s)
Mr. Abhimanue Shrestha, Adv.
Mr. Ashutosh Jha, AOR

For Respondent(s)
Mr. Vinod Diwakar, Adv./AAG
Mr. Sarvesh Singh Baghel, AOR
Dr. Anindita Pujari, AOR
Mr. Siddhartha Srivastava, Adv.
Ms. Vrinda Grover, Adv.
Mr. Viresh B. Saharya, AOR
Mr. Soutik Banerjee, Adv.
Mr. Akshat Agarwal, Adv.
Mr. Anil K. Chopra, AOR

UPON hearing the counsel the Court made the following

ORDER

Interlocutory Application No.135295 of 2021 preferred on behalf appellant Sami Ullah seeks bail for a period of three weeks to enable the appellant to attend the marriage ceremony of his daughter. Notice was issued on the interlocutory application in the earlier part of the day whereafter Mr. Vinod Diwakar, learned Advocate appearing for the State of Uttar Pradesh has entered appearance.

Mr. Vinod Diwakar has submitted that he has already made enquiries and found out that the marriage of the daughter of the appellant Sami Ullah is to be performed on 22.11.2021 and that he has no objection if appropriate directions are issued to enable the appellant to attend the marriage ceremony of his daughter. In the circumstances, it is directed:

a. The appellant Sami Ullah who is presently lodged in Mandoli Jail, Delhi shall be taken out of jail by Delhi Police and transferred to Deoria Prison where he shall be lodged and received by Deoria Prison authorities.

b. After being so lodged in Deoria Prison, the appellant shall be taken out in the morning of 22.11.2021 to enable him to attend the functions all through the day including the marriage ceremony of his daughter whereafter he shall be re-lodged in Deoria Prison.

c. In similar fashion, the appellant shall be taken out of jail on 23rd and 24th November 2021 to enable him to attend the post-marriage ceremonies.

d. On 25.11.2021, the appellant shall be taken out of Deoria Prison by U.P. Police and transferred under their custody and lodged back in Mandoli Jail, Delhi.

On all three days i.e. on 22nd, 23rd and 24th November 2021, the appellant shall be accompanied by the Police personnel in plain clothes. However, there will be no handcuffing of the appellant during said period.

Soon after the appellant is re-lodged in Mandoli Jail, affidavits of compliance shall be filed on behalf of Delhi Police as well as U.P. Police within three days.

The Interlocutory Application No.135295 of 2021 stands disposed of accordingly.

(MUKESH NASA)
COURT MASTER

(VIRENDER SINGH)
BRANCH OFFICER

Item No. 801

Sami Ullah & Ors. Vs. Zulfikar Nasir & Ors.

[Criminal Appeal No(s). 1547-1549/2018]

[Crl. M.P. No. 135295/2021]

Date: 18-11-2021

This application was mentioned today.

CORAM:
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE S. RAVINDRA BHAT

For Appellant(s)
Mr. Abhimanue Shrestha, Adv.(mentioned by)
Mr. Ashutosh Jha, AOR

For Respondent(s)
Ms. Anindita Pujari, AOR
Mr. Anil K. Chopra, AOR
Mr. Sarvesh Singh Baghel, AOR
Mr. Viresh B. Saharya, AOR

UPON hearing the counsel the Court made the following

ORDER

Crl.M.P.No.135295/2021 was mentioned by the learned counsel seeking urgent relief.

Our attention was invited to Paragraph 5 of the application and to the fact that the marriage of the daughter of the petitioner is to be solemnised on 22.11.2021 at Deoria, Uttar Pradesh.

Considering the urgency involved in the matter, we issue notice, returnable at the end of the Board today itself.

Learned counsel is at liberty to give due intimation to the learned counsel appearing for the State of NCT Delhi.

(INDU MARWAH)
COURT MASTER (SH)

(VIRENDER SINGH)
BRANCH OFFICER


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