The High Court disposed of a criminal appeal filed under the SC/ST Act without hearing on merits, directing the lower court to consider the bail application expeditiously if the appellant surrenders within three weeks.
No coercive action for three weeks; bail application to be considered expeditiously upon surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 93
Case :- CRIMINAL APPEAL No. - 2106 of 2023
Appellant :- Harishankar Kushwaha @ Kallu Respondent :- State of U.P. and Another Counsel for Appellant :- Tarun Jha Counsel for Respondent :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the appellant 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') for quashing of the entire proceedings of arising out of Case Crime No.104 of 2022, under Sections 147, 148, 452, 323, 504, 506, 308, 325 IPC and Sections 3(1)(d)(dh) of SC/ST Act, P.S. Kalpi, District Jalaun.
Learned counsel for appellant 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 appellant surrender before the court below and applies for bail, his 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 appellant surrender before the court below within a period of three weeks from today and applies for bail, his 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 :- 11.4.2023 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825Referred¶7
3 provisions across 2 enactments
Harishankar Kushwaha @ Kallu
State of U.P.
State of U.P.
Gajendra Kumar
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
