Disposed

Ram Ishwar Jaiswal and Another v. State of U.P. and Another

Allahabad HC10 Apr 2023CRLA/3573/2023

Case brief

AI extract

What is this about?

Criminal appeal preferred to set aside summoning order and proceedings was disposed of without hearing on merits. Court directed lower court to consider bail application expeditiously if appellants surrender within four weeks.

What did the court decide?

Appeal disposed of. Direction given to lower court to consider bail application expeditiously if appellants surrender within four weeks; no coercive action for three weeks.

Ram Ishwar Jaiswal and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 3573 of 2023

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Appellant :- Ram Ishwar Jaiswal And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Dileep Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellants and learned A.G.A for the State.

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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 summoning order dated 24.01.2023 passed by Special Judge, SC/ST Act, Kushinagar as well as the entire proceedings of S.S.T. No. 119 of 2023 arising out of case crime no.216 of 2022, under Sections 323, 504, 506, 352, 452 IPC and Sections 3(1)(da), 3(1)dha SC/ST Act, P.S. Pateharawa, District Kushi Nagar.

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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 .

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On the other hand, learned A.G.A. opposed the prayer.

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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.

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For a period of three weeks from today, no coercive action shall be taken against the appellants.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 10.4.2023 Sanjeet

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Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad

Ram Ishwar Jaiswal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Ishwar Jaiswal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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