The Allahabad High Court recently stated, when rejecting bail to an ex-MLA in the Uttar Pradesh Legislative Assembly who had been convicted by a lower court for attacking a person in the jail, that “Legislators and politicians nowadays consider themselves to be beyond the law. This threat should not be treated lightly and should be dealt with harshly.”
Justice Mohd. Aslam’s bench was considering Hasratulla Shervani’s (ex-MLA) application for a stay of execution and release on bail while an appeal against a lower court’s conviction verdict [convicting him under different sections of the IPC, including ‘Attempt To Murder’] was pending.
While the ex-bail MLA’s application was denied, the Court approved the bail applications of others (a total of eight people) who were involved in the case and had filed their bail applications concurrently with the principal accused’s (ex-MLA).
The facts in a nutshell
According to the prosecution, one Shamsad (informant) filed a FIR in Kasganj district of Uttar Pradesh in September 2012, stating that in May 2011, a fake report was filed against him, for which police apprehended the informant and imprisoned him.
Following that, in August 2021, while he was still in custody, the accused-appellant Hasratulla Shervani (the then MLA) and others, including his relatives and supporters, went to the police station and told the officers to beat him so badly that he would become crippled by foot and hand, or they would face the consequences.
The accused-appellant Hasratulla Shervani (armed with riffle and gun) and his supporters (equipped with danda) then proceeded to the police lock-up and grabbed his hand from outside, assaulting him with the intent to murder him using the butt of the rifle and other firearms, lathi, and danda.
The Court, on the other hand, granted bail to other accused-appellants, noting that they had followed him, and their sentences will be suspended while the appeal is pending.
The Court has also scheduled a final hearing on their appeal of the lower court’s decision for January 10, 2022.