Disposed

Sushil Kumar Sanwal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Allahabad HC25 Jan 2024/213/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal without adjudicating on merits. Instead, it directed the appellants to approach the lower court for bail within 30 days and ordered no coercive action against them in the interim, citing Supreme Court guidelines on expedited bail disposal.

What did the court decide?

The appeal was disposed of with a direction to the appellants to apply for bail within 30 days and a stay on coercive action during that period.

Sushil Kumar Sanwal and 2 Others Vs State of U.P. Thru… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7419

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 213 of 2024 Appellant :- Sushil Kumar Sanwal And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Devansh Mani,Chandan Srivastava,Pranshu Agrawal

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Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the impugned order dated 17.11.2023 passed by learned Additional Sessions Judge/Special Judge, SC/ST Act, Lucknow in Sessions Case No. 694 of 2020 arising out of Crime No. 245 of 2019 U/s 147, 323, 504, 506, 427, 379 I.P.C., Section 3(1)(d) of SC/ST Act, Police Station- Indira Nagar, District- Lucknow.

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After arguing the matter at some length, learned counsel for the appellants submits that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellants may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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Considering the arguments of learned counsels for the parties and going through the record, it cannot be said that no offence is made out against appellants.

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At this stage only prima-facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the cases of " R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 ".

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A seven judges Bench of this Court in the case of " Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported

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in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.

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In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its judgment and order dated 20.04.2021 has observed the common deficiencies which occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.

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Further, as the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.

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In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the appellants, the present appeal is disposed of with a direction to the court concerned that if the appellants apply for bail/anticipatory bail before the court concerned within 30 days from today, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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For a period of 30 days from today or till the appellants apply for bail/anticipatory bail, whichever is earlier, no coercive action shall be taken against the appellants in the aforesaid case.

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It is open to appellants to file bail application either U/s 438 or 439 Cr.P.C within 30 days from today.

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Order Date :- 25.1.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Sushil Kumar Sanwal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

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Sushil Kumar Sanwal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

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