Disposed

Sajid and 2 Others v. State of U.P. and Another

Allahabad HC15 Jul 2024CRLA/5446/2024

Case brief

AI extract

What is this about?

This criminal appeal challenging proceedings under the SC/ST Act was disposed of without a mandatory appearance by the State. The court directed the concerned court to consider bail applications expeditiously upon the appellants' surrender within 30 days, staying coercive action during this period.

What did the court decide?

Criminal appeal disposed of; direction to consider bail applications expeditiously if appellants surrender within 30 days; stay on coercive action.

Sajid and 2 Others vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150231

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5446 of 2024

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Appellant :- Sajid And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Anjani Kumar Shukla,Mohd. Arshad Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for appellants and learned AGA. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

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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 challenging the entire proceedings as well as chargesheet dated 03.09.2022 alongwith cognizance order dated 29.11.2022 passed by Special Judge, SC/ST Act, Ghaziabad in S.S.T. No.2943 of 2022, arising out of Case Crime No.764 of 2022, under Section 147, 323, 452, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station Loni, District Ghaziabad.

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After arguing at some length, learned counsel for appellants 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 :- 13.9.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Sajid and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sajid and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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