Court No. - 53
Case :- CRIMINAL APPEAL No. - 3614 of 2018 Appellant :- Mubarik @ Mubarak Khan And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Jaysingh Yadav, Counsel for Respondent :- G.A.,Nanhe Lal Tripathi
Hon'ble Umesh Chandra Tripathi,J.
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 (1) 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 5.6.2018 passed by Special Judge (S.C./S.T. Act), Lalitpur, in Special Sessions Trial No. 112 of 2018 (State Vs. Mubarik Khan and others) arising out of Case Crime No. 3447 of 2017, under Sections 323, 504, 506, 452 of I.P.C., and Section 3 (1) (Da) and 3 (1) (Dha) of S.C./S.T. Act, Police Station-Kotwali, District-Lalitpur 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.
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 :- 30.1.2019 Jaswant