Court No. - 10
Case :- CRIMINAL APPEAL DEFECTIVE No. - 592 of 2018 Appellant :- Ram Chandra Yadav And Anr.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Satya Dheer Singh Jadaun Counsel for Respondent :- G.A.
Hon'ble Daya Shankar Tripathi,J.
(Order on Criminal Misc. Delay Condonation Application No.2 of 2018) On oral request made by learned counsel for the appellants, he is permitted to make necessary corrections in delay condonation application and memo of appeal.
Heard learned counsel for the appellant and learned A.G.A.
This application has been filed for condoning the delay of 37 days in filing the criminal appeal.
The grounds shown for delay in filing the appeal are found to be sufficient. The delay in filing the appeal is condoned.
Application is allowed.
(Order on Memo of Appeal) Heard learned counsel for the appellant and learned AGA and perused the impugned order passed by learned Trial Court.
Admit.
This criminal appeal has been preferred against orders dated 21.07.2016 and 17.03.2018 passed by the Special Judge, S.C./S.T. Act, Kanpur Dehat in Special Trial No.111 of 2008, under Sections 376, 504, 506 I.P.C. and 3 (1) (X) S.C./S.T. Act, Police Station Sajeti, District Kanpur Dehat, whereby non-bailable warrant has been issued against the appellant-accused.
Learned counsel for the appellant submits that non- bailable warrant was issued against the appellant vide order dated 21.07.2016, due to his absence. He further submitted that appellant-accused was enlarged on bail during trial. He further submitted that appellant-accused shall surrender before the trial court and he will attend trial on the date fixed by learned trial court. He further submitted that appellant-accused may be given liberty to appear before the trial court and his bail application may be considered by learned trial court.
Learned A.G.A. has opposed the aforesaid prayer of the appellant-accused, but he has not disputed the aforesaid facts as submitted by learned counsel for the appellant- accused.
Considering the entire facts and circumstances of the case and the fact that appellant-accused was enlarged on bail during trial, it is provided that if the appellant-accused appears and surrenders before the trial court within a period of thirty days from today and applies for bail, his prayer for bail may be considered and decided, expeditiously by the trial court in accordance to law.
For a period of thirty days from today or till the appellant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the appellant.
With the aforesaid observations, the appeal is disposed of.
Order Date :- 31.7.2018 atul