Disposed

Sudama v. State of U.P. and Another

Allahabad HC11 Sept 2024CRLR/4363/2024

Case brief

AI extract

What is this about?

The revisionist withdrew the substantive challenge against the summoning order under Section 319 Cr.P.C. but sought protection from arrest to surrender and expedited bail consideration. The court disposed of the revision, granting two weeks' protection from arrest and directing the trial court to expeditiously decide the bail application in accordance with the Satender Kumar Antil guidelines.

What did the court decide?

Protection from arrest for two weeks or until surrender, and direction for expeditious bail consideration.

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

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Neutral Citation No. - 2024:AHC:148516

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 4363 of 2024

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Revisionist :- Sudama Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shiv Babu Dubey 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 revisionist and learned Additional Government Advocate representing the State.

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The instant Criminal Revision under Section 397/401 of the Code of Criminal Procedure has been filed by the revisionist, namely, Sudama against the impugned order dated 31.07.2024 passed by learned Additional Session Judge First, Lalitpur in S.T. No. 303 of 2021 (State Vs. Vijay and others), under Sections 323, 504, 506, 308 I.P.C., arising out of Case Crime No. 145 of 2020, police station Jakhaura, district Lalitpur, whereby the trial court in exercise of powers under Section 319 Cr.P.C. has summoned the revisionist as an additional accused to face trial in the above case.

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At the outset learned counsel for the revisionist, gave up his challenge to the aforesaid impugned summoning order under Section 319 Cr.P.C. against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned court below. The learned counsel for the revisionist further stated at the Bar that he is not pressing any other prayer made by means of this Criminal Revision on merits and prayed that a direction may be issued to the concerned court below to decide the bail application of the revisionist expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the revisionist is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no

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objection if the Court grants protection to him for a short period.

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In view of the above, the relief as sought by the revisionist in the instant Criminal Revision is refused.

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However considering the aforesaid alternative prayer made by learned counsel for the revisionist, it is directed that if the revisionist surrenders /appears before the concerned court below within two weeks from today and applies for bail, the bail application of the revisionist shall be considered and disposed of expeditiously by the concerned 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 revisionist before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, this Criminal Revision under Section 397/401 Cr.P.C. stands disposed of.

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Order Date :- 11.9.2024 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Sudama v. State of U.P. and Another

Case brief

What is this about?

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Sudama v. State of U.P. and Another

Case brief

What is this about?

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