Disposed

Mohd Salim and 3 Others v. State of Up and Another

Allahabad HC6 Sept 2024CRLA/3960/2024

Case brief

AI extract

What is this about?

The High Court disposed of the criminal appeal without deciding it on merits. The court directed the lower court to consider any bail application filed by the appellants upon their surrender within 30 days, expeditiously in accordance with law.

What did the court decide?

Direction to lower court to consider bail application expeditiously if appellants surrender within 30 days; no coercive action during that period.

Mohd Salim and 3 Others vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145563

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3960 of 2024

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Appellant :- Mohd Salim And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Akhilesh Kumar Ojha Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for parties.

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This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') has been filed against the summoning order dated 02.02.2024 passed by Special Judge, SC/ST Act, Kanpur Nagar in Session Trial No. 142 of 2024 (State Vs. Mohd. Salim and others), arising out of Chargesheet dated 19.05.2023 in Case Crime No. 27 of 2023, under Sections 504, 506 IPC and Section 3(2)(5ka), 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Raipurwa, District Kanpur Nagar along with entire proceedings of the said case, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar.

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At the very outset, learned counsel for appellants submitted that he is not pressing the appeal on merits and confined his prayer only to the extent that the present appeal may be disposed of finally with a direction to the court concerned that in case appellants surrender before it 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) to which learned counsel for opposite parties have no objection.

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In view of the aforesaid, the instant criminal appeal is finally disposed of with a direction to the court concerned that in case, the appellants surrender before the court concerned within a period of 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till 30 days from today, no coercive action shall be taken against the appellants herein.

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Order Date :- 6.9.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Mohd Salim and 3 Others v. State of Up and Another

Case brief

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Mohd Salim and 3 Others v. State of Up and Another

Case brief

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