Crl. Misc. Delay Condonation Application No. 1 of 2018 As per office report there is a delay of 29 days in filing the present appeal.
Delay condonation application is allowed and delay is condoned on the ground specified in the affidavit filed in support of the delay condonation application.
Office is directed to allot regular number.
Order Date :- 31.1.2019 Manish Tripathi Heard learned counsel for the appellants-applicants and learned A.G.A. for the State and 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 cognizance order dated 20.9.2018 passed by IInd Additional Session Judge/Special Judge S.C./S.T. Act, Kushinagar at Padrauna, in Case Crime No. 205 of 2018, under Sections 147, 323, 504, 506 of I.P.C. and Section 3(1) (da), 3(1) dha of S.C./S.T. Act, Police Station- Khadda, District-Kushi Nagar whereby appellants have been summoned in the aforesaid sections.
Learned counsel for the appellants contended that no offence is made out against the appellants and they have been falsely implicated in the present case.
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 Manish Tripathi