Appellant filed appeal under SC/ST Act but did not press on merits. Court disposed appeal by directing High Court to consider bail expeditiously upon surrender within four weeks.
Appeal disposed off with direction to consider bail application expeditiously if appellants surrender within four weeks.
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Court No. - 93 Case :- CRIMINAL APPEAL No. - 9134 of 2022 Appellant :- Pradumn Maddheshia And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rohit Nandan Shukla Counsel for Respondent :- G.A.
Hon'ble Gajendra Kumar,J.
Despite service of notice, no one is present on behalf of opposite party no.2.
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 order dated 08.02.2023 passed by Special Judge, SC/ST Act, Gorakhpur in Special Case No.474 of 2022 arising out of case crime no.77 of 2021, under Sections 323, 504, 506 IPC and Sections 3(1)(r) 3(1)(s) SC/ST Act, P.S. Gola, District Gorakhpur.
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 :- 4.4.2023 Sanjeet
Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether appeal against order under SC/ST Act should be highlighted under settled law.
Whether bail application under CrPC 438 should be considered expeditiously.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. CBIFollowed¶6
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 · Who else cites this
5 provisions across 3 enactments
Pradumn Maddheshia
State of U.P.
Gajendra Kumar
Sanjeet Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
