AFZAL ANSARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is second bail application. The first bail application was rejected on 9.11.2006.

(2.) Heard Sri V.P. Srivastava and Sri G.S. Chaturvedi, Senior Advocates, assisted by Sri D.S. Mishra, Sri Vijay Shanker Mishra, Sri C.K. Mishra and Sri Ajay Srivastava on behalf of the applicant, Sri Ravi Kiran Jain, Senior Advocate, assisted by Sri Jagdish Singh Sengar and Sri Vinay Saran Advocates for the first informant, Sri G.S. Hajela Advocate on behalf of the C.B.I. and Sri Meva Lal Shukla, learned A.G.A. for the State.

(3.) Before arguments could be advanced on merits of the second bail application, Sri Vinay Saran filed a short counter affidavit raising preliminary objections that the co-accused Mukhtar Ansari has moved an application for clarification of the order dated 1.8.2008 passed by the Hon'ble Apex Court directing the trial court to consider and decide the bail application of the applicant and other accused persons on merits as contained in the order dated 24.4.2008. This order was passed in a transfer application, wherein the proceedings of the Session Trial Nos. 253 and 254 of 2006 were stayed. Subsequently the Apex Court passed an order on 24.4.2008 that the bail application of the applicant and other accused persons may be considered in accordance with law on merits by the trial court. The C.B.I. approached the Hon'ble Supreme Court subsequently since the trial court granted bail to certain co-accused on the basis of the permission allowed on 24.4.2008. The Sessions Court granted bail to some of the accused persons namely Mansoor Ansari, Ramu Mallah and Rakesh Pandey. The bail granted to the accused Mansoor Ansari by the trial court was sought to be cancelled in Criminal Misc. Bail Cancellation Application No. 15464 of 2008 and this application was rejected on 29.8.2008. However, in the bail cancellation application in respect of other accused notices have been issued to the learned Sessions Judge. A second bail cancellation application was moved in respect of co-accused Mansoor Ansari which has also been rejected. A Special Leave Petition is pending in the Apex Court. The C.B.I. has also approached the Apex Court challenging the order dated 20.12.2007 passed in Criminal Misc. Transfer Application No. 743 of 2007. The primary objection on behalf of the opposite parties is that since the Apex Court granted liberty to the trial court to decide the bail applications while staying the proceedings in the session trials, the High Court has no jurisdiction.