The High Court dismissed a criminal appeal as non-maintainable because cognizance was already taken under the SC/ST (P.O.) Act. The court applied the Bachu Das precedent but allowed the lower court to consider bail merits without prejudice to this decision.
Instant memo of appeal found non-maintainable and is accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.363 of 2017
Arising Out of PS.Case No. -242 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD
====================================================== 1. Rajdeo Singh Son of Late Bigna Singh, Resident of Village-Belhar, P.S.Madanpur, District-Aurangabad
.... .... Appellant/s
Versus
.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vinay Mistry For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 04-04-2017 Heard learned counsel for the appellants as well as learned Spl. P.P.
Because of the fact that cognizance had already been taken under SC/ST (P.O.A.) Act along with other allied Sections of the Indian Penal Cod, on account thereof, as per the principle decided by the Hon’ble Apex Court in Bachu Das Vs. State of Bihar & Ors. Reported in (2014) 3 SCC 471 as well as Cr. App. No. 570/2017, arising out of SLP (Crl.) 1929/2015, instant memo of appeal is found non-maintainable and is accordingly dismissed.
However, it is made clear that during course of appreciation of regular bail, the learned lower court will consider
Patna High Court CR. APP (SJ) No.363 of 2017 (3) dt.04-04-2017
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the merit of the case without being influenced by the instant order.
(Aditya Kumar Trivedi, J.)
Rakhi
U T
2 issues framed by the court
Whether the memo of appeal can be maintained when cognizance was already taken under the SC/ST (P.O.A.) Act.
Whether the lower court can consider the merit of the case during regular bail proceedings.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar & Ors.Applied¶10
Bachu Das Vs. State of Bihar & Ors. Reported in (2014) 3 SCC 471 · Who else cites this
Cr. App. No. 570/2017Followed¶10
Cr. App. No. 570/2017, arising out of SLP (Crl.) 1929/2015
Rajdeo Singh
Mritunjay Singh
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
