Supreme Court: In a matter concerning Lakhimpur Kheri violence case relating to the killings in October 2021, when vehicles of Ashish Mishra’s convoy allegedly ran over a group of farmers who were protesting the new farm laws, the division bench of Surya Kant and Ujjal Bhuyan, JJ. has granted bail to Ashish Mishra and other co accused persons, subject to certain conditions.
The Court noted that an interim regular bail was granted to Ashish Mishra vide an order dated 25-01-2023 subject to various conditions. The conditions include that he shall not stay in Uttar Pradesh or NCT of Delhi during the interim bail period. Other usual conditions were also imposed upon him. Subsequently, the condition of not staying in NCT of Delhi was relaxed vide an order dated 26-09-2023 taking into consideration the ailment of the petitioner’s mother and the fact that he was also required to get his daughter operated on in Delhi.
The petitioner submitted that there is a change of circumstances since the petitioner’s father is no longer an elected Member of Parliament or a Minister in the Union Government. There is no residential accommodation available to the petitioner or his family to stay in Delhi. He, accordingly, sought further modification of the condition imposed in the order dated 25-01-2023.
Thus, the Court made the interim bail granted to the petitioner vide order dated 25-01-2023 absolute subject to the following conditions:
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The petitioner was permitted to stay either in NCT of Delhi or in Lucknow city in the State of Uttar Pradesh.
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The petitioner was directed to abide by the terms and conditions imposed vide order dated 25-01-2023 and was entitled to go to the place where the trial is pending a day prior to the date fixed in the trial case.
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The interim bail granted to other co-accused persons was also made absolute.
The Court further noted that out of 114 witnesses, 7 have been examined so far.
Thus, the Bench viewed that the trial proceedings are required to be expedited, provided that (i) the Trial Court fixes a schedule for conducting the trial; (ii) the witnesses to be examined on the fixed date are identified in advance; (iii) necessary directions are issued to the prosecution/State Authorities to ensure the presence of those witnesses; and (iv) counsel for the parties extend full cooperation to the trial in examining/cross-examining the witnesses.
The Court directed the Trial Court to fix a schedule, keeping in view the pendency of other important or time bound matters in the said Court, however, prioritising the subject trial. The Public Prosecutor was directed to inform the Trial Court the number of witnesses (five witnesses or so for one day), who will be produced on the date fixed.
The State Authorities were directed to ensure their presence before the Trial Court on the date fixed.
The matter will next be taken up on 30-09-2024
Also read:
Supreme Court grants interim bail to Ashish Mishra in Lakhimpur Kheri Case
“Victimology” Revisited by Lakhimpur Kher
CASE DETAILS
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Citation: Appellants : Respondents : |
Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
Surya Kant, J.
Ujjal Bhuyan, J.
