Court No. - 39
Case :- CRIMINAL APPEAL DEFECTIVE No. - 743 of 2019 Appellant :- Girjesh Mishra Respondent :- State Of U.P. And Another Counsel for Appellant :- Shailendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the appellant, learned Counsel for the State and perused the record.
This criminal appeal is preferred by the appellant against the judgment and order dated 17.1.2019 passed by Additional Sessions Judge/Court No.2, Special Judge S.C./S.T. Act Basti, in Special Session Trial No.16/2019, (State Vs. Girjesh Mishra) under sections 323, 504, 506 I.P.C., and Section 3 (1) (da) of SC/ST Act, Police Station-Kaptanganj,District-Basti against the appellant, arising out of case crime no.0992/2017 under sections 354, 323, 506 I.P.C. and Section 3 (1) (11) of SC/ST Act, Police Station-Kaptanganj, District-Basti.
At the outset, learned counsel appearing on behalf of the appellant on instructions submitted that he does not want to press the prayer made in the appeal referred above and submitted that some protection may be granted to the appellant in case he surrenders before the concerned court and his bail application be decided in the light of Amarawati Versus State of U.P reported in 2005 Cri LJ 755 (All) as well directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC,437.
Learned counsel for the State has opposed the prayed made by the learned counsel for the appellant.
Considered the submissions.
Prayer made in the appeal is rejected.
The directions given by the Full Bench of this Court in Amarawati (supra) as well as directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh (supra) which are on the issue of (I) to follow the directions passed by Hon'ble Supreme in the matter of Joginder Kumar Versus State of UP reported in 1994 (4) SCC,260, (II) Trial Court to take all endeavour to decide a bail application preferably on the same day and (III) to grant interim bail in appropriate cases pending disposal of final bail application, are very explicit and to be followed mandatorily in letter and spirit.
A copy of the said judgments have already been circulated to all the district courts of State of Uttar Pradesh under the orders of Hon'ble Supreme Court and this Court, therefore to repeat such direction by way of another order from this Court is neither necessary nor warranted.
In case appropriate application is filed, by the appellant, the Trial Court shall decide the same strictly in accordance with law.
Considering the facts and circumstances of the present case, it is directed that in case the appellant surrenders before the concerned trial court within 45 days from today and applies for bail, the trial court will decide his bail application in accordance with law.
For a period of 45 days from today, no coercive action shall be taken against the appellant.
It is made clear that no further protection on any ground what so ever will be granted beyond the period above mentioned and in case the appellant chooses not to surrender within 45 days from today, the Trial Court is directed to take all the coercive measures in accordance with law against him.
With the aforesaid directions, this criminal appeal is disposed of.
Order Date:-3.6.2019 SB