Court No. - 53
Case :- CRIMINAL APPEAL DEFECTIVE No. - 133 of 2019 Appellant :- Birendra Chauhan And 2 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Arvind Kumar Srivastava, Bhaju Ram Prasad Sharma Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
(Order on Criminal Misc. Delay Condonation Application No. 1 of 2019) There is delay of 56 days in filing this appeal.
For the reasons stated in the affidavit filed in support of the delay condonation application, the delay is condoned and application is allowed, accordingly.
Present criminal appeal is treated to have been filed well within the time.
(Order on Appeal) Heard learned counsel for the appellants and Sri Om Prakash, learned A.G.A., for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the summoning order dated 16.8.2018 passed by Additional Sessions Judge, Maharajganj, in Special Sessions Trial No. 369 of 2018 (State Vs. Birendra Chauhan and others) arising out of Case Crime No. 107 of 2018, under Sections 323, 325, 504, 506 of I.P.C., and Section 3 (1) (S) of S.C./S.T. Act, Police Station- Parsamalik, District-Maharajganj whereby appellants have been summoned in the aforesaid sections.
Learned counsel for the appellants contended that from perusal of the FIR, no offence is made out against the appellants. He further contended that the appellants were not arrested by the police during investigation.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the appellants.
Accordingly, I find no infirmity in the impugned order passed by the trial court and as such, this appeal stands dismissed.
However, none of the aforesaid offences against appellants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Accordingly, in exercise of extraordinary jurisdiction of this Court and in view of the order passed by this Court in Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the appellants file their bail application and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today or till the appellants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 31.1.2019 Jaswant