The court dismissed the bail application as not maintainable because the rejection order was passed by a notified Special Court under the SC/ST Act, making it appealable to this Court instead of this being a primary bail jurisdiction.
None. The bail application was dismissed on the ground of non-maintainability.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38267 of 2018
Applicant :- Pradeep Kumar Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ashfaq Ahmad Ansari, learned counsel for the applicant and Sri Sudheer Mehrotra, learned Special Counsel, appearing on behalf of the High Court and Sri Indrajeet Singh Yadav, learned AGA, appearing on behalf of State.
In compliance with the orders of this Court dated 05.10.2018, the report of the learned Additional Sessions Judge/F.T.C.(Protection of Women from Domestic Violence Act) Bhadohi, Gyanpur has been received. It is a report dated 8.10.2018.
A perusal of which shows that going by State Notification No. 44/ V!!-A.N. 124/89 dated 30.01.1990 read with CE NO. 77 Main-B- Admin(D), dated 30.07.1990, the District Judge by his order No.29 of 2018 dated 22.02.2018 has authorized the Second Senior Most Additional Sessions Judge to be the Special Judge, SC/ST Act, bearing in mind that by the notifications issued by the State Government and this Court, the Second Additional Sessions Judge of the District by virtue of his post is notified as the Special Court under the SC/ST Act. It is thus, evident that the order rejecting the bail application by means of the rejection order dated 6.03.2018 is an order passed by a notified Special Court under the SC/ST Act which is appealable to this Court under Section 14-A(2) of the said Act.
In this view of the matter, this bail application is not maintainable, and is, dismissed as not maintainable.
It is made clear that the Court has not at all expressed any views on the merits of the bail plea regarding which, the applicant may take such steps, as may be advisable, under the law.
Let a certified free copy of the bail rejection order as well as other certified copies on record be returned to the learned counsel for the applicant after retaining xerox copies of the same by the office forthwith.
Order Date :- 13.12.2018 Neeraj
1 issue framed by the court
Whether the present bail application is maintainable when the rejection was passed by a Special Court under the SC/ST Act.
1 provisions across 1 enactments
Pradeep Kumar Maurya
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
