Criminal appeal preferred by Vijay Garg under SC/ST Act set aside with direction to lower court to expedite bail application if appellants surrender within four weeks.
Bail application to be considered expeditiously if appellants surrender within four weeks.
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Court No. - 93 Case :- CRIMINAL APPEAL No. - 1958 of 2023 Appellant :- Vijay Garg And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Awadh Mishra,Siddhartha Mishra Counsel for Respondent :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the appellants and learned A.G.A for the State.
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') to set aside the order dated 25.11.2022 passed by Special Judge, SC/ST Act, Chitrakoot arising out of case crime no.15 of 2019, under Sections 366, 504, 506 IPC and Sections 3(2)(v) SC/ST Act, P.S. Pahadi, District Chitrakoot.
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 .
On the other hand, learned A.G.A. opposed the prayer.
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 four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.
For a period of three weeks from today, no coercive action shall be taken against the appellants.
Accordingly, the instant appeal is disposed off .
Order Date :- 10.4.2023 Sanjeet
Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal appeal should be disposed of with a direction for expedient bail consideration upon surrender.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶5
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 · Who else cites this
2 provisions across 2 enactments
Vijay Garg
State of U.P.
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
