Appellant sought setting aside of an order under the SC/ST Act appeal but did not press on merits; appeal was disposed of with a direction for expedited consideration of his bail application upon surrender within 30 days.
Direction to court below to consider and decide appellant's bail application expeditiously upon surrender within 30 days.
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Neutral Citation No. - 2024:AHC:180368
Court No. - 83
Case :- CRIMINAL APPEAL No. - 6823 of 2024
Appellant :- Shiva @ Navnet Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the appellant, learned A.G.A for the State and perused the record.
This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with a prayer to set aside the order dated 28.5.2024, passed by Special Judge S.C./S.T. Act Varanasi in Special S.T. No.542 of 2024 (State vs. Akash Pandey and another) arising out of Case Crime No.194 of 2023, under Sections 323, 504, 506 IPC and 3(1) (Da), 3(1) (Dha), 3(2) (5ka) SC/ST Act, Police Station Kapsethi, District Varanasi.
Learned counsel for appellant 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 appellant surrenders before the court below and applies for bail, his 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 .
Learned A.G.A. has opposed the appeal.
In view of the aforesaid, the instant criminal appeal is finally disposed of with direction to the court below that in case the appellant surrenders before the court below within a period of 30 days from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
The instant appeal is disposed of accordingly.
Order Date :- 18.11.2024 m.a.
Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appeal could be disposed of with a direction that the appellant's surrender and bail application be handled expeditiously.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred
2022 SCC OnLine SC 825 · Who else cites this
3 provisions across 3 enactments
Shiva @ Navnet Singh
State of U.P.
Akash Pandey and another
Nand Prabha Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
