Disposed

Dr. Shiv Shankar v. State of U.P. and Another

Allahabad HC15 May 2023CRLA/1490/2023

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What is this about?

The High Court disposed of a criminal appeal and issued directions to the trial court to expeditiously decide the appellant's bail application within 30 days if surrendered. The court dispensed with service of notice on one respondent residing at the prescribed address.

What did the court decide?

Direction to the trial court to dispose of the bail application expeditiously within 30 days of the appellant's surrender.

Dr. Shiv Shankar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:104773

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 1490 of 2023

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Appellant :- Dr. Shiv Shankar Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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As per the report of the office service on opposite party no.2 could not be affected as the opposite party no.2 is not residing at the given address. Since only a request for issuing direction for expeditious disposal of the bail application which the appellant is intending to move before the special court is being pressed, the service of notice of the instant proceeding on opposite party no.2 is hereby dispensed with.

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Heard Sri Sanjay Kumar Pandey, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The present appeal under Section 14-A(1) of the S.C./S.T. Act has been preferred by the appellant- Dr. Shiv Shankar with the prayer to allow the present Criminal Appeal and set aside the impugned summoning order and cognizance dated 24.01.2020 and charge sheet dated 30.07.2019 passed by Special Judge SC/ST Act Gorakhpur in Session Case No. 253/2020 (State Vs. Shiv Shankar Prasad Nishad), arising out of Case Crime No. 325 of 2019 under Sections 420, 406, 352, 504, 506 IPC and 3(1) Da, 3(1) Dha, SC/ST Act, Police Station Khorabad, District Gorakhpur, pending in the court of Special Judge SC/ST Act, Gorakhpur.

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Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but he is confining his prayer to the tune that the appellants are intending to appear/surrender before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment they will appear before the trial court for the purpose of obtaining regular bail, disposal of their bail application may take time and in the meantime, they may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to their reputation. Thus appropriate directions be given to the trial court for expeditious disposal of their bail application in the light of law

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laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Directo r : 2021 SCC OnLine SC 941.

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No objection in this regard has been made by learned A.G.A.

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Keeping in view the fact that learned counsel for the appellant has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellant is intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellant appears/surrenders before the trial court within 30 days from today and moves an appropriate application for bail under Sections 437/ 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the case of Hussain and Ors. Vs. Union of India (UOI) and Ors . reported in MANU/SC/0274/2017 and In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others , MANU/SC/0292/2021, Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra) , after providing an opportunity of being heard to the parties, strictly in accordance with law.

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If the opposite party no.2 feels aggrieved by this order, she/he may approach this Court by moving an appropriate application.

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Order Date :- 15.5.2023 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad

Dr. Shiv Shankar v. State of U.P. and Another

Case brief

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Dr. Shiv Shankar v. State of U.P. and Another

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