Appeal against summoning order disposed of. Appellant directed to move bail application; trial court to decide expeditiously following Satender Kumar Antil guidelines if bail filed within 30 days.
Appeal disposed; trial court to decide bail application expeditiously per Satender Kumar Antil directions if filed within 30 days.
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Neutral Citation No. - 2023:AHC:119847
Court No. - 81
Case :- CRIMINAL APPEAL No. - 2213 of 2023
Appellant :- Gulshan Jethwani Respondent :- State of U.P. and Another Counsel for Appellant :- Vipin Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Vipin Chandra Pandey, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
The instant Criminal Appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been moved by the appellant, namely, Gulshan Jethwani with the prayer to allow the instant criminal appeal and to set aside the summoning order dated 08.02.2023 passed by Special Judge (S.C./S.T. Act), Agra in Sessions Case No.220 of 2023, (State Vs. Rotan Singh and others), arising out of Case Crime No.373 of 2022, under Sections 420, 120B, 504, 506 I.P.C. and 3(1)(da), 3(1)(dha) of the S.C./S.T. Act, Police Station Sikandara, District Agra and entire proceedings of the above mentioned case.
Learned counsel for the appellant at the very outset submits that though in the prayer clause of the application various prayers have been made with regard to the quashing of the charge sheet, summoning order and the proceedings of the case but the appellant is intending to appear before the trial court in order to participate in the trial but having an apprehension that disposal of his bail application may take some time and in the meantime, he may be confined in prison, thus appropriate directions be given to the trial court with regard to the expeditious disposal of his bail application, which he is intending to move before the trial court, in view of the law laid down by Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773.
Learned A.G.A. would have no objection to the request made as only a reminder is directed to be issued to the trial court for expeditious disposal of the bail application, which the appellant is intending to move.
Having regard to the order intended to be passed, the issuance
of notice upon respondent no.2 is hereby dispensed with.
Having heard learned counsel for the parties and having perused the record, the instant appeal is disposed of with direction to the learned trial court that if the appellant appears/surrenders before the trial court within 30 days from today and move application for bail under Sections 437/439 Cr.P.C., the trial court shall dispose of the same after providing opportunity of hearing to the parties, strictly in accordance with law laid down by Hon'ble Supreme Court in Satender Kumar Antil (supra) with utmost expedition.
If the respondent no.2 feels aggrieved by this order, she/he may approach this Court by moving an appropriate application.
Order Date :- 29.5.2023 Anupam S/-
Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of Investigation and othersApplied¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 · Who else cites this
Gulshan Jethwani
State of U.P.
Mohd. Faiz Alam Khan
As recorded by the court registry
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