Mohd. Hussain vs. Mohd. Akhtar

ITEM NO.30

COURT NO.16

SECTION II

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 12738/2023

(Arising out of impugned final judgment and order dated 24-07-2023 in CRMBA No. 01/2023 in CRLA No.6420/2023 passed by the High Court Of Judicature At Allahabad)

MOHD. HUSSAIN

Petitioner(s)

VERSUS

MOHD. AKHTAR & ANR.

Respondent $(s)$

( IA No. 190594/2023 - EXEMPTION FROM FILING O.T.)

Date: 23-07-2024 This matter was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

	For Petitioner(s) Mr. A. K. Singh, Adv.
	Mr. Aftab Ali Khan, AOR
	Mr. Deepak Kumar, Adv.
	Ms. Ankita Bsluni, Adv.

For Respondent(s) Mr. Varinder Kumar Sharma, AOR Mr. P. K. Singh, Adv. Mr. Shantanu Sharma, Adv. Ms. Deeksha Gaur, Adv. Mr. Pramod Kumar Singh, Adv. Mr. Vijay P., Adv. Dharamsheela, Adv. Kajal Kumar, Adv. Sundri, Adv. Nisha Rani, Adv. Umang Tripathi, Adv.

Mr. Ravindra Raizada Sr. Adv. A.A.G. Mr. Adarsh Upadhyay, AOR Mr. Amit Singh, Adv. Mrs. Pooja Kabra, Adv. Ms. Pallavi Kumari, Adv. Mr. Shashank Pachauri, Adv.

UPON hearing the counsel the Court made the following $0$ R D F R

Heard learned counsel for the petitioner and the respondents.

The petitioner-complainant is before this Court against an order dated 24.07.2023 by which the High court granted bail to the respondent no.1-accused person. One of the submission of the learned counsel for the petitioner, who seeks quashing of the said order, that while doing so, the High Court has also stayed the conviction of the respondent accused. He is relying upon the order impugned dated 24.07.2023 which inter-alia states as under:-

"Till the next date of listing, effect and operation of judgment and order dated 03.06.2023 along with realization of fine shall remain stayed."

Further the High Court had granted bail to the respondent – Mohd. Akhtar by the same order. This bail was granted on 24.07.2023. It is not the case of the petitioner that after the bail was granted, the respondent has misused the bail or has influenced the prosecution witnesses. As far as the submission of the learned counsel for the petitioner is concerned that the impugned order dated 24.07.2023 also amounts to stay of the conviction of the respondent no.1-accused which has been awarded by the Trial Court. We make it clear that firstly the order dated 24.07.2023 does not specifically show that the conviction made by the Trial Court has been stayed. But in any case, we make it clear that the order dated 24.07.2023 of the High Court, the portion of which we have already referred above shall in no manner be read as staying the conviction of the respondent no.1-accused. At best it will only be treated to be a stay of the sentence.

With this clarification, we make it clear that there is absolutely no occasion for us to interfere with the order impugned.

2

The present petition is, accordingly, dismissed in the above terms along with pending application(s), if any.

(NIRMALA NEGI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)