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SC To Decide On Tuesday The Plea Against Interim Bail To Rape Accused Gayatri Prajapati; Refuses Interim Relief Of Stay In Hospital

Mehal Jain
7 Oct 2020 5:54 AM GMT
SC To Decide On Tuesday The Plea Against Interim Bail To Rape Accused Gayatri Prajapati; Refuses Interim Relief Of Stay In Hospital
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Agreeing to decide the SLP against the grant of interim bail to him on medical grounds finally on Tuesday, the Supreme Court today denied any interim relief to former Uttar Pradesh minister Gayatri Pradesh Prajapati, declining to allow him to stay at the hospital until then.The Supreme Court had on September 21 stayed the impugned order of the Allahabad High Court granting him interim bail...

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Agreeing to decide the SLP against the grant of interim bail to him on medical grounds finally on Tuesday, the Supreme Court today denied any interim relief to former Uttar Pradesh minister Gayatri Pradesh Prajapati, declining to allow him to stay at the hospital until then.

The Supreme Court had on September 21 stayed the impugned order of the Allahabad High Court granting him interim bail on September 3 in connection to a gang rape case registered against him.
On Wednesday, ASG S. V. Raju, appearing for the state of UP, pressed for a modification of the said order. "The Respondent is here. We can decide the SLP finally...the bail is on medical grounds. We can dispose off the plea finally", suggested Justice Ashok Bhushan.
Seeking time to file a reply, Senior Advocate Rajeev Dhawan, for the respondent, advanced, "Your Lordships had stayed the order. It was an ex-parte order. I have got communication that the state wants him shifted. In the meanwhile, can he stay at the hospital?"
"It was not ex-parte. You were on caveat", observed Justice Bhushan.
"No interim relief may be granted. He is misusing his liberty in the hospital", it was countered by the other side.
"The impugned judgment of the High Court is in relation to an interim short-term application, meant for September 3 to November 2...so the impugned order is to expire on November 2. The HC is hearing the main bail now. On 28, the HC said that the SC is seized of the matter. Whatever you say will have an effect on the regular bail also. Since the regular bail is also on medical grounds, you may decide the regular bail also? the interim bail was to be only till November 2- Your Lordships may see whether it is to be cancelled or not...But please see the nexus between the two-the interim bail would affect the regular bail", pressed Dr. Dhawan.
"The main bail is a different issue. We are not concerned with that. We will clarify", said Justice Bhushan, granting 3 days to Dr. Dhawan to file his reply, listing the matter for final disposal on Tuesday.
Prajapati is an undertrial in Case Crime No.29 of 2017 dated 18.02.2017 under Section 376(D), 354A(I), 504, 506, 509 of I.P.C. and Section 5 and 6 of POCSO Act, 2012 registered at police Station Gautampalli, District Lucknow.

The bench of Justice Ved Prakash Vaish on September 3 granted interim bail to Prajapati taking into account his medical condition, which was confirmed by the medical status report.

It may be noted that Prajapati was in jail since March 2017; however, he had also undergone treatment at King George's Medical University & S.G.P.G.I. (both situated in Lucknow) for multiple health issues while he was in judicial custody.

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