High Court disposed of a criminal appeal against a summons for trial by granting a 30-day window for the appellants to seek bail, citing Satender Kumar Antil.
Direction to trial court to dispose of bail application ASAP if appellants appear within 30 days.
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Neutral Citation No. - 2023:AHC:155406
Court No. - 84
Case :- CRIMINAL APPEAL No. - 3336 of 2023
Appellant :- Shiv Kumar Patel And 7 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Virpratap Singh Counsel for Respondent :- G.A.,Ganesh Shankar Dubey
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the appellants and learned A.G.A. for the State-respondent and perused the record.
This appeal has been filed against the cognizance order dated 17.10.2022 passed by Special Judge (SC/ST Act) Jhansi whereby the appellant nos. 1 to 7 have been summoned to face trial under sections 147, 148, 149, 325, 323, 504, 506, 427, 34 I.P.C. and Section 3(2)(v) of SC/ST Act and appellant no. 8 has been summoned to face trial under sections 147, 148, 149, 325, 323, 504, 506, 427, 34 I.P.C. in S.T. No. 904 of 2022, arising out of case crime no. 146 of 2020, police station Garautha, District Jhansi.
In the Court, learned counsel for the appellants only submitted that some direction be issued to the Court concerned regarding bail as they want to surrender before the trial court.
The appeal is, therefore, disposed of with the direction to the trial court that if the appellants appear before the trial court within 30 days from today and move an application before the trial court, the same shall be disposed of as soon as possible in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
Order Date :- 3.8.2023
Gss
Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Shiv Kumar Patel And 7 Others
State of U.P. and Another
Sadhna Rani
As recorded by the court registry
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