The Single Judge dismissed the criminal appeal without pressing, while granting liberty to the appellant to file a bail application in the trial court within three weeks for expedited decision.
Appeal dismissed with liberty to appear before the trial court within three weeks to apply for bail for expedited consideration.
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Court No. - 89 Case :- CRIMINAL APPEAL No. - 1958 of 2022 Appellant :- Mahesh Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for appellant-applicant as well as learned Additional Government Advocate for State.
The present criminal appeal has been filed for setting aside the judgment and order dated 10.11.2021 passed by the learned Special Judge S.C./S.T. Act, Agra in case crime No. 52/2021, under Sections 323/504/506 I.P.C. and Section 3(1)(da) and 3(1)(dha) of S.C./S.T. Act, P.S. Malpura, District Agra as well as charge sheet dated 17.03.2021.
Learned counsel for appellant-applicant, after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021 " to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant-applicant appears before the trial court within three weeks' from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The appeal is disposed of accordingly.
Order Date :- 25.7.2022/RC
Digitally signed by RAM CHANDER YADAV Date: 2022.07.26 18:42:20 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to allow the criminal appeal filed against the judgment and order dated 10.11.2021.
Whether to grant liberty to the appellant to file a bail application before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
2 provisions across 2 enactments
Mahesh
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
