Allahabad High Court Weekly Round Up: April 4 To April 10, 2022

NOMINAL INDEX Sunita And Others v. State of U.P. 2022 LiveLaw (All) 158 Rameshwar Pandey Third Bail v. State of U.P 2022 LiveLaw (All) 159 Irfan Shaikh @ Irfan Khan v. State Of U.P. Through Ats 2022 LiveLaw (All) 160 Iqbal Khan v. The State Of U.P. And 2 Others 2022 LiveLaw (All) 161 Yogendra Kumar Mishra v. State of U.P. and Another 2022 LiveLaw (All) 162 In-Re v. Vikram Sharma (Clerk) 2022 LiveLaw (All) 163 Sitaram v. State of U.P. 2022 LiveLaw (All) 164 Apparent Marketing Private Limited versus State of U.P. and Others 2022 LiveLaw (All) 165 Chatthoo Chero v. State of U.P 2022 LiveLaw (All) 166 Abhinay Jain v. State Of U.P. And 2 Others 2022 LiveLaw (All) 167 State of U.P. v. Dharma 2022 LiveLaw (All) 168 Mahadevi v. State of U.P 2022 LiveLaw (All) 169 Naushad Ali v. State Of U.P. Through Secretary Home And Another 2022 LiveLaw (All) 170 Abhay Pratap Mishra @ Ujjwal Mishra v. State Of U.P Thru. A.C.S./Prin. Secy. Home and Another 2022 LiveLaw (All) 171 Judgments/Orders of the Week 1. Allahabad HC Relies Upon Wife's Extra-Judicial Confession To Confirm Life Sentence Awarded To Her, 2 Others For Killing Husband Case title - Sunita And Others v. State of U.P. Case citation: 2022 LiveLaw (All) 158 The High Court upheld the life sentence awarded to a wife who killed her husband in concert with two others (the life sentence awarded to them has also been confirmed) 18 years back by relying upon her 'voluntary' and 'trustworthy' extra-judicial confession. The Bench of Justice Manoj Kumar Gupta and Justice Om Prakash Tripathi observed that since the extra-judicial confession made by the accused wife was corroborated by the other circumstantial evidence, and therefore, it concluded thus: "The only hypothesis was that all three accused persons committed the gruesome murder of the deceased with planning and cool mind." 2. Allahabad High Court Grants Bail To Murder-Accused In Jail For 7 Yrs In View Of Non-Cooperation Of Prosecution Witnesses Case title - Rameshwar Pandey Third Bail v. State of U.P Case citation: 2022 LiveLaw (All) 159 The High Court granted bail to a murder accused, who has been in jail for almost 7 years, as it noted that there is no likelihood of conclusion of the trial in near future and the fact witnesses/prosecution witnesses are not-cooperating in the trial. The Bench of Justice Rajesh Singh Chauhan ordered while dealing with the third bail plea filed by one Rameshwar Pandey who has been in jail since May 27, 2015, in connection with a case registered against him u/s 302, 504, 506 IPC. 3. Allahabad High Court Denies Bail To Govt Employee Accused Of Waging War Against India By Converting People To Islam Case title - Irfan Shaikh @ Irfan Khan v. State Of U.P. Through Ats Case Citation: 2022 LiveLaw (All) 160 The High Court upheld the order of denial of bail to a Central Government servant, Irfan Shaikh accused of waging war against India by converting people to Islam by misusing his official position. Essentially, the Bench of Justice Ramesh Sinha and Justice Brij Raj Singh affirmed the October 2021 order of the Special Judge, N.I.A./A.T.S./Additional District & Sessions Judge, Lucknow denying bail to Shaikh by observing thus: "Considering the facts and circumstances of the case, particularly the fact that the Investigating Officer, after due investigation, has found cogent and clinching evidence against the appellant that with the connivance of co-accused Umar Gautam and others, appellant is involved in anti-national activities of conversation by misusing his official position while working in Sign Language Training and Research Centre, New Delhi as Interpreter, we do no find any good ground to grant bail to the appellant". 4. Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court Case title - Iqbal Khan v. The State Of U.P. And 2 Others Citation: 2022 LiveLaw (All) 161 Considering various aspects relating to compassionate appointments, the High Court observed that there is no general or vested right to compassionate appointments and that it can't be treated as a Bonanza. This observation was made by the bench of Justice S. P. Kesarwani and Justice Jayant Banerjee while DISMISSING a special appeal filed by one Iqbal Khan challenging the decision of a single judge. 5. Absconder/ Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court Denies Relief To POCSO Accused Case title - Yogendra Kumar Mishra v. State of U.P. and Another Case Citation: 2022 LiveLaw (All) 162 Denying anticipatory bail to a POCSO accused who allegedly raped a minor girl and her mother, the High Court observed that if anyone has been declared as an absconder/ proclaimed offender under Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail. The Bench of Justice...

Allahabad High Court Weekly Round Up: April 4 To April 10, 2022

Sparsh Upadhyay

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