Court No. - 53
Case :- CRIMINAL APPEAL DEFECTIVE No. - 857 of 2018 Appellant :- Natthu Saini And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ram Krishna Chaurasia Counsel for Respondent :- G.A.,Ramesh Chandra Gupta
Hon'ble Umesh Chandra Tripathi,J.
(Order on Criminal Misc. Delay Condonation Application No. 2 of 2018) There is delay of 94 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 and Sri Ramesh Chandra Gupta, learned counsel for the respondent No. 2. 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 16.5.2018 passed by Special Judge (S.C./S.T. Act), Banda, in Sessions Trial No. 97 of 2017 (State Vs. Natthu Saini and others) arising out of Case Crime No. 107 of 2017, under Sections 147, 148, 149, 324, 325, 427, 504, 506 of I.P.C., and Section 3 (1) (Da) (Dha), 3 (2) (va) of S.C./S.T. Act, Police Station-Girwan, District-Banda 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., and learned counsel for the respondent No. 2 contended that there is no infirmity 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