Disposed

Shiv Nandan and Another v. State of U.P. and Another

Allahabad HC9 Sept 2024CRLR/3541/2024

Case brief

AI extract

What is this about?

The revisionists gave up their challenge on merits but requested protection to surrender and expedited bail hearing. The High Court refused the revision petition but directed surrender within two weeks, arrest waiver for that period, and expeditious disposal of the bail application by the lower court.

What did the court decide?

Revocation of arrest order for two weeks; direction to lower court to arrange surrender and dispose bail expeditiously.

Shiv Nandan and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160451

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3541 of 2024 Revisionist :- Shiv Nandan And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajai Kumar,Vivek Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the revisionists, learned Additional Government Advocate for the State and perused the record.

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The instant criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists against the impugned order dated 17.05.2024 passed by learned District and Sessions Judge, Kaushambi in Session Trial No. 109 of 2024 (State Vs. Adarsh @ Arjun and others) arising out of Case Crime No. 47 of 2023, under Sections 323, 504, 308 IPC, police station Saini, district Kaushambi whereby discharge application under Section 227 Cr.P.C. of the revisionists has been rejected.

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Learned counsel for the revisionists, after advancing some arguments and on putting certain query by the Court, gave up his challenge to the aforesaid impugned order dated 17.05.2024 against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. Learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer made in this revision on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of the revisionists expeditiously.

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Learned A.G.A. representing the State of U.P. submits that in case the revisionists are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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In view of the above, the relief as sought for by the revisionists in the instant criminal revision is hereby refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the revisionists, it is directed that the revisionists shall surrender before the concerned court below within two weeks from today and in case apply for bail, the bail application of the revisionists shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

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For the period of two weeks from today or till the time of surrender of the revisionists before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations and directions, the instant criminal revision is disposed of.

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Order Date :- 1.10.2024 Shubham

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

Shiv Nandan and Another v. State of U.P. and Another

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Shiv Nandan and Another v. State of U.P. and Another

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