Disposed

Munesh Kushwaha v. State of U.P. and Another

Allahabad HC16 May 2023CRLA/1713/2023

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal filed under Section 14-A(1) of the SC/ST Act. The appellant, facing potential imprisonment due to bail delays, sought expedited disposal. The Court directed the trial court to dispose of the pending bail application expeditiously if the appellant surrenders within 30 days.

What did the court decide?

The instant criminal appeal has been disposed of with a direction to the trial court to expeditiously dispose of the appellant's bail application if filed within 30 days.

Munesh Kushwaha Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:106658

¶2

Court No. - 81

¶3

Case :- CRIMINAL APPEAL No. - 1713 of 2023

¶4

Appellant :- Munesh Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Sudhir Kant Dixit Counsel for Respondent :- G.A.

¶5

Hon'ble Mohd. Faiz Alam Khan,J.

¶6

As per the report of the Chief Judicial Magistrate, Jalaun at Orai, the opposite party no.2 has been sufficiently served, however he is not represented.

¶7

The report with regard to the service on opposite party no.2 is awaited.

¶8

Learned counsel for the appellant has restricted his submissions only to the tune that an appropriate direction be given to the special court for disposal of bail application which the appellant is intending to move.

¶9

Heard Shri Sudhir Kant Dixit, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

¶10

The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant- Munesh Kushwaha with the prayer to set aside the judgment and order dated 19.07.2022 passed by the Special Judge SC/ST Act, Jalaun at Orai, in Complaint Case No. 58 of 2021 (Ram Babu Versus Munesh Kushwaha and others), under Section 323, 504, 506, 427 I.P.C. and Section 3(1)(R)(S) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Kotwali Orai, District- Jalaun.

¶11

Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but they are confining his prayer to the tune that the appellant is intending to appear before the trial court for the purpose of obtaining regular bail, but is having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, the disposal of his bail application may take some time and in the meantime he may be confined in prison, which

¶12

would not only jeopardize his personal liberty, but also bring a bad name to his reputation. Thus, appropriate directions be given to the trial court for expeditious disposal of his bail application in the light of law 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 Director : 2021 SCC OnLine SC 941.

¶13

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

¶14

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 move an appropriate application for bail under Section 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, 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.

¶15

Order Date :- 16.5.2023 Imtiyaz

¶16

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Munesh Kushwaha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Munesh Kushwaha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

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

Sonu Paswan Vs State of U.P. and 5 Others

Intzar and 2 Others Vs State of U.P. and Another

Indrasan Rai and 2 Others Vs State of U.P. and Another

Mayank Sharma Vs State of U.P. and Another

Dr. Ritesh Ranjan and Another Vs State of U.P. and 3 Others