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Written by: Shivangi Arora (Intern)

Edited by: Anubhav Yadav (Content Head & Developer)

Hon’ble Justice Mohd Aslam of Allahabad High Court recently noted that Legislatures and Politicians are nowadays considering themselves above the law. He further added that this is the menace which cannot be ignored and must be taken with iron hand. The bench was hearing the bail application of former MLA of Uttar Pradesh Legislative Assembly Hasratulla Shervani and his other 8 aids under the case title Hasratulla Shervani and 8 Others v. State of U.P. The applicant /accused a demanded his release through bail during the pendency of the proceedings against the lower court’s order and to suspend the conviction of the accused appellant and the other co accused.

Facts in Brief

  • Shamsad, the informant lodged an FIR in Kasganj, UP against the then MLA Hasratulla Shervani (accused) in September 2012.
  • The informant alleged that a false FIR was lodged against him in May 2011 and his arrest was made in the pursuance of the same.
  • The informant further contended that while he was in locker the ex-MLA along with his supporters and relatives threatened the Police to assault him. He himself with his supporters brutally assaulted him with lathis and with the butt of rifles and guns with the intention to kill him.
  • Informant added that he was rescued because of the intervention of the S.O. Ram Murti Yadav.
  • The lower court convicted accused under various charges of Indian Penal Code including Section 307 β€œAttempt to Murder”.

Contentions of the Accused

  • The applicant accused claimed that the prosecution has no strong witness since all the witnesses turned hostile and only two police personnel Rtd. S.I. Phool Singh and H.Ct. Chhote Lal has supported the prosecution.
  • The injuries on the body of the informant are of the simple nature and it is insufficient to prove the intention to kill the informant by the accused Hasratulla.

Contentions of the Prosecution

  • The prosecution while opposing the bail plea of Hasratullah Shervani argued that the accused was the sitting MLA of the Uttar Pradesh legislative assembly and by using his power and position he brutally assaulted the informant in the locker of the police station while creating obstructions for the police officers in fulfilling their official duties.

Observation

The court after duly listening to both the parties observed that:

  • The court noted that it appears that accused appellant have used his influential position to manipulate the witnesses and therefor the witnesses of the prosecution turned hostile. Hence the first contention of the accused was rejected.
  • The court examined the medical reports of the injuries inflicted on the informant and find out that the prima facie the reports of the injury and the contents of the First Information reports contains major similarities. The court also rejected the second contention of the accused appellant.
  • The accused himself pressurised the Police officers to resort to Third Degree to torture the informant.

Conclusion

The court after held that Hasratullah Shervani was the MLA of Uttar Pradesh legislative assembly during the happening of the event. Being elected by the public as their representative it becomes the responsibility of accused appellant to raise the issue of misuse of laws make strict laws to remedies the situation. Instead, the accused appellant took the advantage of his influence and power and misleads the witnesses of the defence.Β  Therefore the court rejected the bail application of Hasratulla Shervani while the court allowed the bail applications of the other co-accused noting that they had followed the prime accused Hasratullah and the sentence awarded to them will remain suspended during the pendency of the appeal. The court also remarked that such acts don’t sympathy rather should be strictly condemned.

The Court has also listed their appeal against the lower court’s judgment for a final hearing on January 10, 2022.

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