Citation : 2022 Latest Caselaw 9890 ALL
Judgement Date : 10 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL APPEAL No. - 3244 of 2022 Appellant :- Shanker Lal And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.,Ashish Kumar Gaur Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the appellants, Sri Ashish Kumar Gaur, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
The present appeal has been filed under Section 14-A(1) of S.C./S.T. (Prevention of Atrocities) Act, 1989 with the prayer to quash/set aside the summoning order dated 21.04.2022 passed by learned Special Judge (S.C./S.T. Act), Pilibhit in Special Sessions Trial No.308 of 2011, C.N.R. No.UPPB-01-000377-2011 (State of U.P. Vs. Laljeet and others) arising out of Case Crime No.755A of 2010, under Sections 308, 504, 506 IPC and Section 3(1)(10) S.C./S.T. At, P.S. Puranpur, District Pilibhit.
At this stage, learned counsel for the appellants restricts his prayer for a direction to the trial court to consider the bail application of the appellants in accordance with the judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave Petition (Crl.) No.5191 of 2021 dated 11th July, 2022. The appellants undertake to appear before the trial court within 15 days from today.
Under the circumstances, considering the undertaking given by the appellants, to appear before the trial court within 15 days, it is hereby directed that the appellants shall surrender before the trial court within 15 days from today and in case, appellants surrender, the trial court is expected to decide the bail application of the appellants in accordance with law, keeping in view the judgment of the Apex Court in the case of Satendra Kumar Antil (supra).
It is provided that in case the appellants do not surrender within 15 days from today, the trial court shall proceed to take coercive measure strictly in accordance with law.
With the aforesaid observation and direction, the appeal is disposed of.
Order Date :- 10.8.2022
D. Tamang
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