Ajay Bahadur @ Narad Rai & Another vs State Of U.P. & Another
2017 Latest Caselaw 3198 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 51
 

 
Case :- CRIMINAL APPEAL No. - 4228 of 2017
 

 
Appellant :- Ajay Bahadur @ Narad Rai & Another
 
Respondent :- State Of U.P. & Another
 
Counsel for Appellant :- Ashok Kumar Maurya
 
Counsel for Respondent :- G.A.
 
And
 
Case :- CRIMINAL APPEAL No. - 4229 of 2017
 

 
Appellant :- Mukesh Rai & Another
 
Respondent :- State Of U.P. & Another
 
Counsel for Appellant :- Ashok Kumar Maurya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

Since both the above mentioned Criminal Appeals arise out of the same Case Crime No. 664 of 2015, they have been heard together and disposed of by a common order.

Heard Sri Ashok Kumar Maurya, Advocate, appearing for the appellants, learned Additional Government Advocate and perused the paper book.

Learned counsel for the appellants submits that this is the memo of appeal filed under section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, praying bail in case crime no. 664 of 2015, under sections 147, 148, 307, 394, 427, 323, 504, 506 IPC & 3(1)(10) of SC/ST Act, P.S. Reoti, District Ballia.

In this case crime number the incident had taken place on 22.11.2015, FIR was lodged on 26.11.2015 by Smt. Shanti Devi/respondent no.2 herein.

The remedy of appeal against the bail rejection order has been introduced by Act No.1 of 2016 with effect from 26.01.2016 vide S.O. 152 (E) dated 18.01.2016, thus, when the incident took place and FIR was lodged section 14-A of the said Act had not come into effect. The right of appeal is substantive right, if it is not conferred retrospectively it will come into effect prospectively. The rights' of parties' shall be determined when the proceedings commenced vide  Garikapati Veeraya Vs. N. Subbiah Choudhry and others, AIR 1957 S.C. 540.

In view of above, ordinary remedy of moving bail application after refusal of bail by the court below would be available to the appellants under section 439 Code of Criminal Procedure before this Court and present dispute would be squarely covered by section 4 of the Code of Criminal Procedure. The provisions contained in section 5 of the Code of Criminal Procedure barring the remedy of moving fresh bail application under section 439 of the Code of Criminal Procedure before this Court was cease to be available for those, who have been making accused of an incident which had taken place on 26.01.2016 or thereafter.

Therefore, for the reasons stated hereinabove, both the appeals being not maintainable are disposed of with the observations that the appellants shall be at liberty to seek remedy under section 439 of the Code of Criminal Procedure before this Court.

Office is directed to return the certified copies of the FIR and free copy of the bail rejection order to the learned counsel for the appellants provided he furnishes the photostat copies of the same.

Order Date :- 11.8.2017

Prajapati