Disposed

Pankaj Singh v. State of U.P. and Another

Allahabad HC3 Jul 2023CRLA/9973/2022

Case brief

AI extract

What is this about?

In Criminal Appeal No. 9973 of 2022, the Allahabad High Court disposed of the appeal filed by Pankaj Singh. The court directed the Special Judge to expeditiously dispose of the appellant's pending bail application if he surrenders within 30 days, citing Supreme Court precedents regarding speedy bail disposal.

What did the court decide?

Direction to the Special Judge to dispose of the bail application expeditiously if the appellant surrenders within 30 days.

Pankaj Singh Vs State of U.P. and Another — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130686

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Court No. - 91

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Case :- CRIMINAL APPEAL No. - 9973 of 2022

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Appellant :- Pankaj Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Garun Pal Singh Counsel for Respondent :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard Sri Garun Pal Singh, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant with the prayer to allow the Criminal Appeal and set-aside the charge sheet dated 04.02.2022 and cognizance order dated 17.5.2022 passed by the Special Judge (S.C./S.T. Act) Mathura in Sessions Case No. 501 of 2022 (State vs. Pankaj Singh), in Case Crime No. 027 of 2022, under Sections 354, 354C, 504 IPC, Section 3 (2)(Va) of the SC/ST Act, 1989 and Section 67 of I.T. Act Police Station - Goverdhan, District- Mathura.

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Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but he is confining his prayer to the tune that the appellant is intending to appears/surrenders before the trial court for the purpose of obtaining regular bail, but is having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, disposal of his bail application may take time and in the meantime they may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to his reputation. Thus appropriate directions be given to the trial court for expeditious disposal of his bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.

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No objection in this regard has been made by learned A.G.A.

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Keeping in view the fact that learned counsel for the appellant has confined his prayer only for issuance of appropriate directions to

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the trial court for expeditious disposal of bail application, which the appellant is intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellant appears/surrenders before the trial court within 30 days from today and move an appropriate application for bail under Section 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.

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Order Date :- 3.7.2023 Akbar

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Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Pankaj Singh v. State of U.P. and Another

Case brief

What is this about?

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Pankaj Singh v. State of U.P. and Another

Case brief

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