The High Court disposed of the criminal appeal without pressing it on merits, directing the lower court to consider bail applications expeditiously if the appellants surrender within four weeks.
Direction to lower court to consider bail expeditiously if appellants surrender within four weeks.
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Court No. - 93
Case :- CRIMINAL APPEAL No. - 688 of 2023
Appellant :- Om Prakash Singh And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kumar Singh Counsel for Respondent :- G.A.,Hari Narayan Singh
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 summoning order dated 23.04.2022, passed by Special Judge S.C./S.T. (P.A.) Act, Ghazipur in Complaint Case no. 140 of 2020 (Sanjay Kumar Vs. Om Prakash and others) under Sections 323, 406, 504, 506 I.P.C. and Section 3(1) (Da), 3(1) (Dha), SC/ST Act, Police Station- Saidpur, District Ghazipur.
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.
Accordingly, the instant appeal is disposed off.
Order Date :- 3.4.2023 Imtiyaz
Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal appeal filed under Section 14-A(1) of the SC/ST Act should be disposed of without a hearing on merits given the appellant's stance.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationReferred¶7
Satender Kumar Antil Vs. Central Bureau of Investigation
1 provisions across 1 enactments
Om Prakash Singh
State of U.P.
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
