Disposed

Pramod Kumar Jain and 3 Others v. State of U.P. and Another

Allahabad HC11 Apr 2023CRLA/1474/2023

Case brief

AI extract

What is this about?

A criminal appeal under the SC/ST Act was not pressed on merits. The High Court disposed of the appeal by directing the lower court to consider bail applications expeditiously if appellants surrender within two weeks, prohibiting coercive action during this period.

What did the court decide?

Appeal disposed of; lower court directed to consider bail expeditiously upon surrender within two weeks; coercive action stayed for two weeks.

Pramod Kumar Jain and 3 Others Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 1474 of 2023

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Appellant :- Pramod Kumar Jain And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jaysingh Yadav Counsel for Respondent :- G.A.,Devendra Kumar Shukla

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellants, learned counsel for the opposite party no.2 and learned A.G.A for the State.

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This criminal appeal has been preferred under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing of the entire proceedings of summoning order dated 01.02.2023 passed by the Special Judge, (SC/ST Act), Lalitpur in Criminal Misc. Case No.95 of 2020, under Sections 323/34, 504, 379 IPC and Sections 3(1) Da, Dha of SC/ST Act, P.S. Banpur, District Lalitpur.

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Learned counsel for appellants submits that he is not pressing the appeal on merits and the present appeal may be disposed of finally with the direction to the court below that in case appellants surrender before the court below and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 .

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On the other hand, learned A.G.A. opposed the prayer.

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In view of the aforesaid, the instant criminal appeal is finally disposed off with direction to the court below that in case the appellants surrender before the court below within a period of two weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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For a period of two weeks from today, no coercive action shall be taken against the appellants.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 11.4.2023 Shiv

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Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad

Pramod Kumar Jain and 3 Others v. State of U.P. and Another

Case brief

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Pramod Kumar Jain and 3 Others v. State of U.P. and Another

Case brief

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